Will my K4 daughter be allowed to travel in other State?

[mamalou 0]

Hi, Once again I have questions to ask from u guys, I come here in the US with K3 V last Mar 7,2009, My daughter is a k4 she is coming here in the US on the 3rd week of April. My question is: Can she travel to California as her Aunt is inviting her to stay there & eventually Apply her SSN & EAD ? or AOS (if this is possible) We have different State. I have read someone post in china forum with same situation with mine that she apply her daughter an AOS & they were approve both considering that her daughter already turn 18 yo few months before they get married, will it be possible to me also, my daughters bday was Nov 02, 2007 we get married jan 22,2008? i dont have exact idea, others told me it can be possible & others tell me it could not be possible. Help me pls enlighten. Thanks, waiting for ur advises.

mamalou

[payxibka 10,045]

travel within the USA is allowed

[I Miss Her 0]

Hi, Once again I have questions to ask from u guys, I come here in the US with K3 V last Mar 7,2009, My daughter is a k4 she is coming here in the US on the 3rd week of April. My question is: Can she travel to California as her Aunt is inviting her to stay there & eventually Apply her SSN & EAD ? or AOS (if this is possible) We have different State. I have read someone post in china forum with same situation with mine that she apply her daughter an AOS & they were approve both considering that her daughter already turn 18 yo few months before they get married, will it be possible to me also, my daughters bday was Nov 02, 2007 we get married jan 22,2008? i dont have exact idea, others told me it can be possible & others tell me it could not be possible. Help me pls enlighten. Thanks, waiting for ur advises.

mamalou

Look the links related to K3/K4 at:

http://www.visajourney.com/faq/k1faq.htm

In general K-4 visa holder can apply “Adjustment of Status (AOS)” any time after approval of I-130.

Work permit (file I-765) available while cases (Form I-130 or Form I-485) are still pending. First get EAD and then apply SSN.

To qualify for K-4 visa, must be:

the unmarried child of K-3 applicant and less than 21 years old.

K-4 status will be automatically terminated 30 days following marriage of a child in K-4 status (prior to enter in US or AOS) or 21st birthday.

travel within the USA is allowed

She can travel to CA from home country.

Also K-4 visa holder can travel within USA and outside USA without any restriction as long visa is valid (no advance parole needed).

[pushbrk 12,898]

Hi, Once again I have questions to ask from u guys, I come here in the US with K3 V last Mar 7,2009, My daughter is a k4 she is coming here in the US on the 3rd week of April. My question is: Can she travel to California as her Aunt is inviting her to stay there & eventually Apply her SSN & EAD ? or AOS (if this is possible) We have different State. I have read someone post in china forum with same situation with mine that she apply her daughter an AOS & they were approve both considering that her daughter already turn 18 yo few months before they get married, will it be possible to me also, my daughters bday was Nov 02, 2007 we get married jan 22,2008? i dont have exact idea, others told me it can be possible & others tell me it could not be possible. Help me pls enlighten. Thanks, waiting for ur advises.

mamalou

Look the links related to K3/K4 at:

http://www.visajourney.com/faq/k1faq.htm

In general K-4 visa holder can apply “Adjustment of Status (AOS)” any time after approval of I-130.

Work permit (file I-765) available while cases (Form I-130 or Form I-485) are still pending. First get EAD and then apply SSN.

To qualify for K-4 visa, must be:

the unmarried child of K-3 applicant and less than 21 years old.

K-4 status will be automatically terminated 30 days following marriage of a child in K-4 status (prior to enter in US or AOS) or 21st birthday.

travel within the USA is allowed

She can travel to CA from home country.

Also K-4 visa holder can travel within USA and outside USA without any restriction as long visa is valid (no advance parole needed).

The above is all correct but misses two critical points. The K4 visa holder needs an approved I-130 to adjust status and the US Citizen cannot file an I-130 for step-child unless the marriage occured before the child's 18th birthday.

From the I-130 instructions.

What Documents Do You Need to Prove Family Relationship?

8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.

The child can enter the US as many times as they wish and travel within the US until they turn 21. Then they lose their legal status with no way to adjust it to permanent resident. What some do is obtain student visas. Some eventually marry a USC and adjust. The others go home or become illegals.

[mamalou 0]

Hi, Once again I have questions to ask from u guys, I come here in the US with K3 V last Mar 7,2009, My daughter is a k4 she is coming here in the US on the 3rd week of April. My question is: Can she travel to California as her Aunt is inviting her to stay there & eventually Apply her SSN & EAD ? or AOS (if this is possible) We have different State. I have read someone post in china forum with same situation with mine that she apply her daughter an AOS & they were approve both considering that her daughter already turn 18 yo few months before they get married, will it be possible to me also, my daughters bday was Nov 02, 2007 we get married jan 22,2008? i dont have exact idea, others told me it can be possible & others tell me it could not be possible. Help me pls enlighten. Thanks, waiting for ur advises.

mamalou

Look the links related to K3/K4 at:

http://www.visajourney.com/faq/k1faq.htm

In general K-4 visa holder can apply “Adjustment of Status (AOS)” any time after approval of I-130.

Work permit (file I-765) available while cases (Form I-130 or Form I-485) are still pending. First get EAD and then apply SSN.

To qualify for K-4 visa, must be:

the unmarried child of K-3 applicant and less than 21 years old.

K-4 status will be automatically terminated 30 days following marriage of a child in K-4 status (prior to enter in US or AOS) or 21st birthday.

travel within the USA is allowed

She can travel to CA from home country.

Also K-4 visa holder can travel within USA and outside USA without any restriction as long visa is valid (no advance parole needed).

The above is all correct but misses two critical points. The K4 visa holder needs an approved I-130 to adjust status and the US Citizen cannot file an I-130 for step-child unless the marriage occured before the child's 18th birthday.

From the I-130 instructions.

What Documents Do You Need to Prove Family Relationship?

8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.

The child can enter the US as many times as they wish and travel within the US until they turn 21. Then they lose their legal status with no way to adjust it to permanent resident. What some do is obtain student visas. Some eventually marry a USC and adjust. The others go home or become illegals.

THANKS guys for the input but I have fallow up questions, Can my daughter be allowed to apply for EAD & SSN there in Calif? (as I understand she cant be applied for AOS anymore as Push qouted) while I am here in other State. She wanted to work if possible. Thanks again.

[payxibka 10,045]

THANKS guys for the input but I have fallow up questions, Can my daughter be allowed to apply for EAD & SSN there in Calif? (as I understand she cant be applied for AOS anymore as Push qouted) while I am here in other State. She wanted to work if possible. Thanks again.

It is the pending AOS application that provides eligibility to submit an EAD application, without the AOS ability, no work authorization. Without work authorization, no SSN either

[andalib 0]

The child can enter the US as many times as they wish and travel within the US until they turn 21. Then they lose their legal status with no way to adjust it to permanent resident. What some do is obtain student visas. Some eventually marry a USC and adjust. The others go home or become illegals.

wow, that's interesting. where is the point in issuing the visa at all?

[pushbrk 12,898]

THANKS guys for the input but I have fallow up questions, Can my daughter be allowed to apply for EAD & SSN there in Calif? (as I understand she cant be applied for AOS anymore as Push qouted) while I am here in other State. She wanted to work if possible. Thanks again.

It is the pending AOS application that provides eligibility to submit an EAD application, without the AOS ability, no work authorization. Without work authorization, no SSN either

K3 and K4 are allowed to apply for EAD without applying to AOS, so the answer is ye, she can apply for EAD after receiving it, can apply for an SSN. Both my wife and daughter did exactly that but it was before the fee increase.

It's K1 and K2 that cannot apply for EAD without AOS.

Edited March 24, 2009 by pushbrk

[pushbrk 12,898]

The child can enter the US as many times as they wish and travel within the US until they turn 21. Then they lose their legal status with no way to adjust it to permanent resident. What some do is obtain student visas. Some eventually marry a USC and adjust. The others go home or become illegals.

wow, that's interesting. where is the point in issuing the visa at all?

See bold above.

[payxibka 10,045]

THANKS guys for the input but I have fallow up questions, Can my daughter be allowed to apply for EAD & SSN there in Calif? (as I understand she cant be applied for AOS anymore as Push qouted) while I am here in other State. She wanted to work if possible. Thanks again.

It is the pending AOS application that provides eligibility to submit an EAD application, without the AOS ability, no work authorization. Without work authorization, no SSN either

K3 and K4 are allowed to apply for EAD without applying to AOS, so the answer is ye, she can apply for EAD after receiving it, can apply for an SSN. Both my wife and daughter did exactly that but it was before the fee increase.

It's K1 and K2 that cannot apply for EAD without AOS.

brain fart... my bad

Edited March 24, 2009 by payxibka

[andalib 0]

The child can enter the US as many times as they wish and travel within the US until they turn 21. Then they lose their legal status with no way to adjust it to permanent resident. What some do is obtain student visas. Some eventually marry a USC and adjust. The others go home or become illegals.

wow, that's interesting. where is the point in issuing the visa at all?

See bold above.

hm... in my eyes, you offered me a social explanation, and not a legal one I actually asked for. I do not think that the us authorities issue the visa in order that the child gets the opportunity to marry an us citizen?! do you know what I mean?

[pushbrk 12,898]

The child can enter the US as many times as they wish and travel within the US until they turn 21. Then they lose their legal status with no way to adjust it to permanent resident. What some do is obtain student visas. Some eventually marry a USC and adjust. The others go home or become illegals.

wow, that's interesting. where is the point in issuing the visa at all?

See bold above.

hm... in my eyes, you offered me a social explanation, and not a legal one I actually asked for. I do not think that the us authorities issue the visa in order that the child gets the opportunity to marry an us citizen?! do you know what I mean?

I can't read your mind. The reason why is the reason why, legal or otherwise. It's just that the benefits of a K4 issued to a non step-child are limited. Some have tried to get the K2 and K4 on the same footing for status adjustment but the step-child qualifications evidently pre-date the K visas. It's really now a K4 limitation. It's an I-130 limitation that impacts some K4 holders.

[pushbrk 12,898]

The child can enter the US as many times as they wish and travel within the US until they turn 21. Then they lose their legal status with no way to adjust it to permanent resident. What some do is obtain student visas. Some eventually marry a USC and adjust. The others go home or become illegals.

wow, that's interesting. where is the point in issuing the visa at all?

See bold above.

hm... in my eyes, you offered me a social explanation, and not a legal one I actually asked for. I do not think that the us authorities issue the visa in order that the child gets the opportunity to marry an us citizen?! do you know what I mean?

I can't read your mind. The reason why is the reason why, legal or otherwise. It's just that the benefits of a K4 issued to a non step-child are limited. Some have tried to get the K2 and K4 on the same footing for status adjustment but the step-child qualifications evidently pre-date the K visas. It's really not a K4 limitation. It's an I-130 limitation that impacts some K4 holders.

Edited March 24, 2009 by pushbrk