K3/K4 Question

[Noah&Diah 2]

All,

My wife is already here on a K3 Spouse visa. We didn't do the K4 at the sametime however, her name is listed on all both the I-129 and I-130. What can I do to get her here now? Any info would be appreciated. Thanks

Noah

[payxibka 10,045]

contact the consulate... that is where the process begins

eventually you will need a separate I-130 for the K-4 if one has not already been submitted

Edited September 4, 2009 by payxibka

[pushbrk 12,898]

All,

My wife is already here on a K3 Spouse visa. We didn't do the K4 at the sametime however, her name is listed on all both the I-129 and I-130. What can I do to get her here now? Any info would be appreciated. Thanks

Noah

Yes, if he child is now ready to come, and it's within a year of her mother, simply contact the consulate and take the K4 route. You can file the I-130 now or with the AOS depending on how much of a hurry you're in. If your wife has been here more than a year or even nearly a year, the K4 is probably no longer an option. In that case you file an I-130 and pursue a CR2 visa for the child.

If your marriage occured after the child's 18th birthday, you have a completely different set of problems. It that case, don't file an I-130 as it will not be approved and there will be no status adjustment for her.

Edited September 4, 2009 by pushbrk