I-130, K3 and K4 Question

[AUSC 0]

Hello all,

This is my first post. Great to see how active this forum is. I will be taking my oath and become USC on 5/24. I am getting ready to file I-130 and K3/K4.

Do I have to file a seperate I-130 for my 3 year old daughter or she derives the benefit from my wife's I-130 petition?

I have the same question for I-129F. I believe here I just have to include my daughter's name in my wife's application. Please clarify.

Thanks for your help

AUSC

[timesnap 0]

You will have to file seprate I-130 for wife and daugheter. For 129F, your daughter will get derived status from your wife application. It is not necessary to file I-130 for yr daughter now but is wiser and more advisable.....

[aussiewench 9]

From FAQ accessible at the top of each page....

10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.

11.4)...Do I list our children on the I-129F petition as well?

A..All children under 21 should be listed on the I-129F petition, whether or not they are going to move to the United States. Whether your children actually require a K4 to move to the United States depends on certain factors. If you have unmarried children under 21 that have no claim to U.S. Citizenship, they can apply for the K4 visa. This will usually mean those children who are the U.S. Citizens step-children, or children born into the marriage prior to the U.S. Citizen becoming naturalized as a U.S. Citizen.

[zyggy 9]

Hello all,

This is my first post. Great to see how active this forum is. I will be taking my oath and become USC on 5/24. I am getting ready to file I-130 and K3/K4.

Do I have to file a seperate I-130 for my 3 year old daughter or she derives the benefit from my wife's I-130 petition?

I have the same question for I-129F. I believe here I just have to include my daughter's name in my wife's application. Please clarify.

Thanks for your help

AUSC

While it is true that you would not have to file an I-130 for a K-4, you have to file it at some point in time to be able to adjust the child's status. In the past, there have been complications in terms of timing if the I1-130 is processed before the I-129 for the K visa. In this case, if there wasn't an I-130 for the child, the adult couldn't get an immigrant visa for the child at the same time and would have to wait for either the I-130 to be processed for the child or the child to be left behind as a K visa cannot be issued if the Immigrant visa is ready to go.

File an I-130 for your wife and child once you get Naturalized. Then file the I-129F for the K3.