Help! How to for step child

[mossimo 0]

Hello all,

I am new to the forum. I was trying to file for a K3 visa for my spouse, but did not send the I-129F before her I-130 was approved. At this point she is on track for the IR1/CR1 immigrant visa. I received the request for IV payment but her son was not listed on the paperwork. Am guessing its because he does not have derivative status due to the IR1/CR1. How can I get him to the USA without having her come over first and then file for her son? That could take years, and I don't want to begin our lives together with her in distress.

[pushbrk 12,881]

Hello all,

I am new to the forum. I was trying to file for a K3 visa for my spouse, but did not send the I-129F before her I-130 was approved. At this point she is on track for the IR1/CR1 immigrant visa. I received the request for IV payment but her son was not listed on the paperwork. Am guessing its because he does not have derivative status due to the IR1/CR1. How can I get him to the USA without having her come over first and then file for her son? That could take years, and I don't want to begin our lives together with her in distress.

If her son was under age 18 on the date of your marriage and is now under age 21 and single, you may file an I-130 for him. You would have had to do that at some point anyway. If you don't want her to come before him, then don't respond to NVC requests until after both I-130's are there. Once her visa is issued, she'll need to use it within six months, so you'll want his process to catch up.

For other readers, the best practice would have been to file both I-130's together so start with even for a K3 and K4 scenario.

[mossimo 0]

Thanks for the reply. The plan was to do a K3 visa with him in derivative status. Unfortunately, I did not send in the 1-129F before the I-130 was approved. This situation may work out better for him to finish the school year while my wife joins me in Japan for some training I am doing there for 7 months.

[pushbrk 12,881]

Thanks for the reply. The plan was to do a K3 visa with him in derivative status. Unfortunately, I did not send in the 1-129F before the I-130 was approved. This situation may work out better for him to finish the school year while my wife joins me in Japan for some training I am doing there for 7 months.

Yes, provided he was under 18 when you married.

[mossimo 0]

Yes, he is 7 years old, and was age 6 at the time of marriage. I did see that part of your original reply.