K3 problems!?

[mrs. wife! 3]

Hi VJs!

A friend of mine is married to a US citizen and has a 12yr old child.

She sent the I-130 and 129F forms on both names to go for K3.

After talking to her, she realized that it was useless to follow K3 route, so now we are wondering if she can send a I-130 to her daughter in order to proceed with CR1 once the petition is approved?

Then they would have two I-130s and one 129F. Will that mess everything up?

Thanks in advance for any input!

[canadian_wife 1,822]

No, if they filed one I-130 for the wife and one for the child then they should be fine. Just ignore any correspondences regarding the K-3 or let the embassy know they choose to follow the K-3

Good luck.

[mrs. wife! 3]

Hi, thanks for your response! She filed one I-130 on her name but put her child as a dependent on item "17. List husband/wife and all children of your relative."

She didn't fill one just for her daughter.

Do you think it's too late to file one and send to the USCIS? It would be ok to do that, and add a cover letter explaining that the new form should be attached to her process?

Thanks

ps- she sent the documents this month, January.

Edited January 23, 2010 by Mrs. Silverman

[canadian_wife 1,822]

There is no derivative Cr-1 visa (unlike the K-3) so if your friend wants to puruse the Cr-1 an I-130 will need to be filed for the child as well. That can be sent today, but it will not be attached to the wife's I-130 petition, it will be adjudicated separatly. This time can be made up at NVC by delaying the returning of documents for the wife's case until the child's I-130 is approved

Good luck.

[mrs. wife! 3]

Ah ok, I see what you mean. Thanks so much for your answer. I will talk to her and explain it!

Thanks =)