Is K4 visa valid for soon-to-be adopted child?

[dispirado 0]

Our immigrant situation is somewhat complicated. Please bear with me while I explain our situation.

1. I got my green card 2004.

2. My gf then(wife now) took a baby in custody in 2005 in the Philippines.

3. Got married to non-US citizen wife in 2006. Wife not able to join me in the US(visa denied repeatedly). Filed for I-130 thereafter. Also filed papers in the Philippines to formally adopt the child.

4. I-130 was approved in 2009, but still waiting for priority date(August 2006) to become current.

5. Filed for citizenship 3 months ago, passed it and now I'm just waiting for my oath-taking. Meanwhile, child's adoption papers are still pending.

Please advise on what to do for my wife and child together to be able to join me here in the US. K3/K4 visa might be the fastest route, but our child's adoption papers may still take a long time to process. Can we file the K3 first, then file K4 after the adoption papers are processed?

[Minya's wife 25]

Has the child been adopted by your wife or is that what is pending in the PI? Or is your adoption of the child pending? Was the child included in the approved I-130 application?

[dispirado 0]

Has the child been adopted by your wife or is that what is pending in the PI? Or is your adoption of the child pending? Was the child included in the approved I-130 application?

Both of us actually are adopting the child and it is pending. The child is not included in the I-130 application since he's not yet formally adopted .

Thanks!!!

[Minya's wife 25]

Then I don't think there is a familial basis upon which the K-4 would be approved. The child is not your family, and neither is the child your wife's family. ("Family" as understood for the purposes of the I-130, or the subsequent K3/K4's I-129 petition). I think you would have to wait until the formal adoption goes through before you can bring the child to the states. Your wife may emigrate based on the approved I-130 she has, but the child may not come until the formal adoption goes through. You may, however want to consult an immigration attorney for your options.

[dispirado 0]

Then I don't think there is a familial basis upon which the K-4 would be approved. The child is not your family, and neither is the child your wife's family. ("Family" as understood for the purposes of the I-130, or the subsequent K3/K4's I-129 petition). I think you would have to wait until the formal adoption goes through before you can bring the child to the states. Your wife may emigrate based on the approved I-130 she has, but the child may not come until the formal adoption goes through. You may, however want to consult an immigration attorney for your options.

Thanks for your reply! If and when the child is formally adopted, is he qualified for a K4 visa, or should we go another route?

[pushbrk 13,043]

Then I don't think there is a familial basis upon which the K-4 would be approved. The child is not your family, and neither is the child your wife's family. ("Family" as understood for the purposes of the I-130, or the subsequent K3/K4's I-129 petition). I think you would have to wait until the formal adoption goes through before you can bring the child to the states. Your wife may emigrate based on the approved I-130 she has, but the child may not come until the formal adoption goes through. You may, however want to consult an immigration attorney for your options.

Thanks for your reply! If and when the child is formally adopted, is he qualified for a K4 visa, or should we go another route?

K visas are not viable in your circumstances. K3 and K4 visas must result from an approved I-129F for a spouse. You haven't filed one because you were not a citizen and it cannot be approved now because your I-130 is already approved. As a result, neither your wife or any children qualify for a K3 or K4 visa.

If you are a US Citizen before the adoption is final, you apply for a US Passport and Citizenship for your adopted child, not a visa. In the event the child was only adopted by your wife, you file an I-130 for the child.

[dispirado 0]

Then I don't think there is a familial basis upon which the K-4 would be approved. The child is not your family, and neither is the child your wife's family. ("Family" as understood for the purposes of the I-130, or the subsequent K3/K4's I-129 petition). I think you would have to wait until the formal adoption goes through before you can bring the child to the states. Your wife may emigrate based on the approved I-130 she has, but the child may not come until the formal adoption goes through. You may, however want to consult an immigration attorney for your options.

Thanks for your reply! If and when the child is formally adopted, is he qualified for a K4 visa, or should we go another route?

K visas are not viable in your circumstances. K3 and K4 visas must result from an approved I-129F for a spouse. You haven't filed one because you were not a citizen and it cannot be approved now because your I-130 is already approved. As a result, neither your wife or any children qualify for a K3 or K4 visa.

If you are a US Citizen before the adoption is final, you apply for a US Passport and Citizenship for your adopted child, not a visa. In the event the child was only adopted by your wife, you file an I-130 for the child.

Thanks for the explanation pushbrk. Our original plan was to file I-129F for the wife(and hopefully include the the kid if he's formally adopted by that time) when I become a US citizen. Why can't it be approved now? Can someone please explain? We're planning to use whatever comes first - I-130 or I-129F. I'm still a green card holder, so we have to wait for visa availabilty for the I-130, but it should become current when I become a US citizen.

[pushbrk 13,043]

Then I don't think there is a familial basis upon which the K-4 would be approved. The child is not your family, and neither is the child your wife's family. ("Family" as understood for the purposes of the I-130, or the subsequent K3/K4's I-129 petition). I think you would have to wait until the formal adoption goes through before you can bring the child to the states. Your wife may emigrate based on the approved I-130 she has, but the child may not come until the formal adoption goes through. You may, however want to consult an immigration attorney for your options.

Thanks for your reply! If and when the child is formally adopted, is he qualified for a K4 visa, or should we go another route?

K visas are not viable in your circumstances. K3 and K4 visas must result from an approved I-129F for a spouse. You haven't filed one because you were not a citizen and it cannot be approved now because your I-130 is already approved. As a result, neither your wife or any children qualify for a K3 or K4 visa.

If you are a US Citizen before the adoption is final, you apply for a US Passport and Citizenship for your adopted child, not a visa. In the event the child was only adopted by your wife, you file an I-130 for the child.

Thanks for the explanation pushbrk. Our original plan was to file I-129F for the wife(and hopefully include the the kid if he's formally adopted by that time) when I become a US citizen. Why can't it be approved now? Can someone please explain? We're planning to use whatever comes first - I-130 or I-129F. I'm still a green card holder, so we have to wait for visa availabilty for the I-130, but it should become current when I become a US citizen.

I already explained that in the earlier post. See the bold above. A prerequisite for approving an I-129F for a spouse is that an I-130 petition is "pending" with USCIS. Yours is no longer pending. It's approved. Therefore K3 and K4 are off the table.

[dispirado 0]

Then I don't think there is a familial basis upon which the K-4 would be approved. The child is not your family, and neither is the child your wife's family. ("Family" as understood for the purposes of the I-130, or the subsequent K3/K4's I-129 petition). I think you would have to wait until the formal adoption goes through before you can bring the child to the states. Your wife may emigrate based on the approved I-130 she has, but the child may not come until the formal adoption goes through. You may, however want to consult an immigration attorney for your options.

Thanks for your reply! If and when the child is formally adopted, is he qualified for a K4 visa, or should we go another route?

K visas are not viable in your circumstances. K3 and K4 visas must result from an approved I-129F for a spouse. You haven't filed one because you were not a citizen and it cannot be approved now because your I-130 is already approved. As a result, neither your wife or any children qualify for a K3 or K4 visa.

If you are a US Citizen before the adoption is final, you apply for a US Passport and Citizenship for your adopted child, not a visa. In the event the child was only adopted by your wife, you file an I-130 for the child.

Thanks for the explanation pushbrk. Our original plan was to file I-129F for the wife(and hopefully include the the kid if he's formally adopted by that time) when I become a US citizen. Why can't it be approved now? Can someone please explain? We're planning to use whatever comes first - I-130 or I-129F. I'm still a green card holder, so we have to wait for visa availabilty for the I-130, but it should become current when I become a US citizen.

I already explained that in the earlier post. See the bold above. A prerequisite for approving an I-129F for a spouse is that an I-130 petition is "pending" with USCIS. Yours is no longer pending. It's approved. Therefore K3 and K4 are off the table.

Well, I know someone who applied for I-129F even after their I-130 was approved already, and their application wasn't rejected. That's why I'm asking for validation or proof regarding that statement.

[pushbrk 13,043]

Then I don't think there is a familial basis upon which the K-4 would be approved. The child is not your family, and neither is the child your wife's family. ("Family" as understood for the purposes of the I-130, or the subsequent K3/K4's I-129 petition). I think you would have to wait until the formal adoption goes through before you can bring the child to the states. Your wife may emigrate based on the approved I-130 she has, but the child may not come until the formal adoption goes through. You may, however want to consult an immigration attorney for your options.

Thanks for your reply! If and when the child is formally adopted, is he qualified for a K4 visa, or should we go another route?

K visas are not viable in your circumstances. K3 and K4 visas must result from an approved I-129F for a spouse. You haven't filed one because you were not a citizen and it cannot be approved now because your I-130 is already approved. As a result, neither your wife or any children qualify for a K3 or K4 visa.

If you are a US Citizen before the adoption is final, you apply for a US Passport and Citizenship for your adopted child, not a visa. In the event the child was only adopted by your wife, you file an I-130 for the child.

Thanks for the explanation pushbrk. Our original plan was to file I-129F for the wife(and hopefully include the the kid if he's formally adopted by that time) when I become a US citizen. Why can't it be approved now? Can someone please explain? We're planning to use whatever comes first - I-130 or I-129F. I'm still a green card holder, so we have to wait for visa availabilty for the I-130, but it should become current when I become a US citizen.

I already explained that in the earlier post. See the bold above. A prerequisite for approving an I-129F for a spouse is that an I-130 petition is "pending" with USCIS. Yours is no longer pending. It's approved. Therefore K3 and K4 are off the table.

Well, I know someone who applied for I-129F even after their I-130 was approved already, and their application wasn't rejected. That's why I'm asking for validation or proof regarding that statement.

The best I could give you is you try it at your own risk. In my experience, filing an I-129F after an I-130 is approved for the same beneficiary results in a rejection of the I-129F.