K3 visa help needed; Question about step-child under 21.

[dmbarcelona1 0]

I'm an American currently working on a K3 visa for my wife (Thai), and my step daughter. With much research on the topic, reviewing the processes and steps to take, and speaking to various married couples that have completed their K2 and K3 visas, I began our paperwork. Into the second stage, not long ago, I submitted form I-864, along with all the required addtional information, I was mailed a form back from the NVC that states the following:

"The Immigration and Nationality Act (INA) does not allow derivative status to family members of immediate relatives, IR1, CR1, CR2, IR2, and IR5 classifications are immediate relative visa categories. This means that a spouse, unmarried child under the age of 21, and a parent of a U.S. citizen require their own individual petition in order to immigrate to the U.S."

To me, this sounds that I can not attach my 7 year old step daughter to the K3 visa; however this doesn't make much sense considering all the forms that ask me to provide this information on it. In addtion to this, speaking to other couples that have brought their children in under the K2 & K3 visa. Perhaps they provided me with some incorrect or false information; not sure.

What I'd like to know is 1) Is this fact, that I can not proceed because I can not utilize the forms I've already submitted for my wife, in addition to my step-daughter? 2) If this is so, how do I continue on, get the ball rolling again? 3) Will I need to revise the forms I have and resubmit them? 4) Will I need to put in a separate petition and do all of the same paperwork for my step-daughter? If so, which forms, etc, specifically?

Even though I'm a little aggrivated that the NVC, or the forms & directions, are not as specific as they could be, I guess I should have expected at least one road block; as most couples I've spoken to say that their always seems to be something. In any event, I'm hoping to get this resolved as quickly as possible so my family can get back on track towards the visa.

To anyone that is able to provide information and assist me; I thank you in advance.

[canadian_wife 1,826]

The information regarding derivative visas is correct. you must be aware that there are 2 spousal viasa.

The K-3 which allows for a derivative K-4 for your step daughter. If you filed the I-129F after you received an NOA-1 for your I-130 then you filed for the K-3.

The CR-1 is an immigrant visa with no derivative.

You say you've filed the I-864 with NVC which makes me think you are on the Cr-1 path. You want to make sure what path you are on by tracking your petitions.

If you are on the Cr-1 path then in order to get your step daughter to the US you'll have to file the I-130 for your step daughter. If you have filed the I-129F then you have a choice, you can either pursue the K-3 and K-4 or you can file a separate I=130 for your step daughter (which I advice) so both your wife and step daughter will have a cheaper and far superior route to permanent residency in the US

Good luck.

[dmbarcelona1 0]

Hello, and thank you for your response. Yes, you are correct; I'd been aware of the 2 spousal visas. I'd followed the directions noted on visa quest, specifically for the K3 visa: http://www.visajourney.com/forums/index.ph...page=i130guide1

I hadn't filled out the form I-129F as I hadn't seen where it called for this. Instead, I filed form G-325A. I was informed that the information is quite parallel to the I-129F and would suffice by those that had gone through the process some time prior. Again, I'm unsure if the rules have changed, or I was provided with misinformation.

Just as you had mentioned, this was the reason why I was pursuing the K3, as it would automatically allow me to add my step daughter on. Unfortunately, as per the directions I noted above, I hadn't submitted a form I-129F since I hadn't seen this on the steps listed. It's difficult not being frustrated as the NVC, etc, doesn't really provide specific steps anywhere on how to proceed with such a visa. I'm kind of at the mercy of those that are working on their own, or those that have completed theirs in the past.

Yes, I'd been informed that it was time to proceed with the I-864 form. I'd completed this and submitted all information regarding support, etc. Yet again, I hadn't submitted an I-129F form. I'm wondering now if it's too late to do this.

Yet again, If I submit a separate I-130 petition, do I need to go through the exact same process as I did for my wife? Or, am I able to submit a separate I-129F form to the NVC that will suffice for this issue? Also, I'm wondering if they are proceeding with my wife's paperwork, or do I need to do communicate with them specifically in order to allow the process to continue?

Yet again, than you and anyone else ahead of time for your advice and assistance with my inquiries. Please have a very pleasant day! DB

[Dakine 26]

Go with the I-130s [CR-1/CR-1] solo. Much, Much better visas than K3/K4.

Just a few reasons why to go with the CR-1. If you are eligible for a IR-1 then you would be nuts going with a K3!

The K3 has to adjust status which cost $1010 + $131 visas application fee.

Have to go thru the cost and hassles of getting a I-693 also.

K3 normally has to do biometrics and have a AOS interview. Time off from work cost the petitioner. PLUS the hassles of submitting the paperwork and going for the interview. Tain’t fun.. Especially if denied or questioned. Ever done a Stokes interview?

That’s the second interview if they are in doubt of your relationship.

Also a possibility of being deported. Yeah doesn’t happen much but it happens.

K3 has to wait about 90 days after they file to get EAD or GC so they can get SSN.

Can’t do a LOT of things without SSN. Like work or get a drivers license in some states.

Some K visas don’t get GC for a LONG time.

If petitioner goes belly up before you get GC you stand a chance of being deported.

CR-1 cost about $470

Get their GC and SS card in the mail within 6 weeks of arrival.

No biometrics , dealing with civil surgeons, AOS interviews, going to SSA for SS card.

I’m sure I’ve missed a few things.

Bottomline is anyone that goes with the K3 the way things are now are masochist!

Yeah I did but at that time K3s were a LOT faster. That’s not the case anymore.

[canadian_wife 1,826]

No, you cannot file the I-129F now, since your I-130 has been aproved your I-129F won't be approved.

YES - file the other I-130 for your step-daughter NOW!! Delay sending info back to NVC as long as your can, allowing the step-child's I-130 to catch up and hopefully the mother and child can travel together.

Good luck

PS - It's not USCIS's or NVC"s not to inform you of what visa is best for you. That is your job. I am sorry you found yourself in this situation, but I'm glad you found VJ.

[dmbarcelona1 0]

I still have those other questions in which I need to answer prior to going on. I plan to call the NVC tonight with the information they've provided, and the additional questions I have.

If someone sets the standard for how something is done; providing the specific instructions on how to go about it is their job. Difference of opinion; however, I do respect your comments and your information. Thank you yet again for your time yet again.

Perhaps someone else has gone through a similar situation and can provide some results on this, so I know what to expect as I correct this issue.

Since I know of many folks that have brought over, or are bringing over children, I think it would benefit VJ to add a comment concerning this area (step children) into the K3 area, etc. This might prevent others from doing the same as I have; thus saving a great deal of time and frustration.

DB

[dmbarcelona1 0]

Thank you Dakine,

I almost missed your comments on the post. Most appreciated indeed. I'm still a bit confused as to where the paperwork is at, status wise, with the NVC. It would be great if my wife's information is still going through at this time.

As I mentioned before, I'm going to try calling the main office later today to see if there's any additional things I must do, etc. Hopefully, this will place my mind at ease.

Thank you yet again,

DB

[rin and john 71]

I'd followed the directions noted on visa quest, specifically for the K3 visa: http://www.visajourney.com/forums/index.ph...page=i130guide1

Those directions are for filing an I-130. The instructions for applying for a K3/K4 visa are here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide

Just as you had mentioned, this was the reason why I was pursuing the K3, as it would automatically allow me to add my step daughter on. Unfortunately, as per the directions I noted above, I hadn't submitted a form I-129F since I hadn't seen this on the steps listed. It's difficult not being frustrated as the NVC, etc, doesn't really provide specific steps anywhere on how to proceed with such a visa. I'm kind of at the mercy of those that are working on their own, or those that have completed theirs in the past.

It's not the NVC's fault. They are part of the State Department. The I-130 and I-129f are petitions sent by you, the petitioner, to the Department of Homeland Security (of which USCIS is a portion of) on behalf of the applicants (your spouse and stepchild) for approval to enter the USA with intent to immigrate here. In short DHS (USCIS) approves petitions for immigrants and the State Department (which includes NVC and the embassies around the world) issues visas for entry into the USA (for both visitors and immigrants). Going to USCIS' website would have provided you with sufficient guidance on filing for both your wife and stepchild.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1d383e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=1d383e4d77d73210VgnVCM100000082ca60aRCRD

Yes, I'd been informed that it was time to proceed with the I-864 form. I'd completed this and submitted all information regarding support, etc. Yet again, I hadn't submitted an I-129F form. I'm wondering now if it's too late to do this.

The I-864 is to show financial support when pursuing the CR-1 visa for your wife. As your stepdaughter does not have an approved I-130, you have a few options:

1) Immediately file an I-130 for your stepdaughter and hope it gets approved very quickly. I would probably chose this path and write a cover letter including your wife's approved I-130 NOA2 along with an explanation that you mistakenly did not file the initial I-130 for your stepdaughter at the same time as your wife's. Then contact the NVC and find out how long they will hold your wife's paperwork.

2) Attempt to file the I-129f for your wife. Someone else mentioned that it was not possible once the I-130 is approved, but no where in the I-129f instructions does it say this. If I chose this route (which I personally wouldn't at this point), I would contact the USCIS to check on their procedure on handling a 129f when the 130 has already been approved.

Yet again, If I submit a separate I-130 petition, do I need to go through the exact same process as I did for my wife? Yes.

Or, am I able to submit a separate I-129F form to the NVC that will suffice for this issue? No, the USCIS processes I-129f's, not the NVC.

Also, I'm wondering if they are proceeding with my wife's paperwork, or do I need to do communicate with them specifically in order to allow the process to continue? Depends on what you have sent them. Once you have sent the NVC everything they asked for, they will process the paperwork and forward it to the Bangkok Embassy so that an interview for your wife can be scheduled.

John

p.s. Please fill in your timeline!

Edited October 5, 2009 by rin and john

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