K4 terminated , how to change status?

[Ariane15 1]

I was admitted on K3 visa but my 1 485 has been denied twice through my spouse (AWA petitioner) I have been forced to go consular processing to apply for an immigrant visa through my daughter. I left my 16 year old son in US to complete school in the meantime.My son, admitted on a K4 visa had his 1 485 denied in February but we have not received any denial notice. I am just wondering what to do in his case to get him in a lawful status in US. Will he get easily a student visa? What should i put as his address on the DS 230? Can my spouse repetition for him? We know it will get denied even if he does not live in the same household and then appeal.

[Krikit 1,164]

I do not know the answer to your question but I'm going to move it from the ROC forum to the Effects of Major Changes forum to see if you can get a reply there.

[VanessaTony 3,567]

I was admitted on K3 visa but my 1 485 has been denied twice through my spouse (AWA petitioner) I have been forced to go consular processing to apply for an immigrant visa through my daughter. I left my 16 year old son in US to complete school in the meantime.My son, admitted on a K4 visa had his 1 485 denied in February but we have not received any denial notice. I am just wondering what to do in his case to get him in a lawful status in US. Will he get easily a student visa? What should i put as his address on the DS 230? Can my spouse repetition for him? We know it will get denied even if he does not live in the same household and then appeal.

I believe as with a K1/K2 visa, a K4 is tied to the K3 and if the K3 is denied, so is the K4.

No-one can tell you how easy a student visa will be. It might be harder given he already tried to immigrate but you won't know until you try.

I doubt your spouse can re-petition your child because your relationship has been deemed as fake or "for immigration purposes" so your child will probably suffer from that flag.

[payxibka 10,045]

I believe as with a K1/K2 visa, a K4 is tied to the K3 and if the K3 is denied, so is the K4.

No-one can tell you how easy a student visa will be. It might be harder given he already tried to immigrate but you won't know until you try.

I doubt your spouse can re-petition your child because your relationship has been deemed as fake or "for immigration purposes" so your child will probably suffer from that flag.

Probably denied because of AWA.... without a petitioner who can submit an aprovable I-130 the 16 yr old will continue to be denied.

Edited June 16, 2010 by payxibka

[JimVaPhuong 4,863]

I believe as with a K1/K2 visa, a K4 is tied to the K3 and if the K3 is denied, so is the K4.

This is correct. The K4 is a derivative visa. The status of the K4 visa holder is entirely dependent on the status of the K3 visa holder. A K4 cannot adjust status if the K3 AOS is denied.

Because the marriage occurred before the child was 18, it is possible for the US citizen to petition separately for the step-child. Unfortunately, the AWA applies to all immediate relative visa applications. If the AWA was the basis for the AOS denial, there's no reason to believe that a separate IR2 petition is going to be successful. USCIS generally has absolute discretion in AWA cases.

If the OP and her son are to have any chance of immigrating, it will almost certainly have to be through a path that does not involve a petition from her husband.

BTW, payxibka is correct. The "Adam Walsh Act", or AWA, is not about fraudulent marriages. It's about a petitioner who is a convicted sex offender.

[VanessaTony 3,567]

This is correct. The K4 is a derivative visa. The status of the K4 visa holder is entirely dependent on the status of the K3 visa holder. A K4 cannot adjust status if the K3 AOS is denied.

Because the marriage occurred before the child was 18, it is possible for the US citizen to petition separately for the step-child. Unfortunately, the AWA applies to all immediate relative visa applications. If the AWA was the basis for the AOS denial, there's no reason to believe that a separate IR2 petition is going to be successful. USCIS generally has absolute discretion in AWA cases.

If the OP and her son are to have any chance of immigrating, it will almost certainly have to be through a path that does not involve a petition from her husband.

BTW, payxibka is correct. The "Adam Walsh Act", or AWA, is not about fraudulent marriages. It's about a petitioner who is a convicted sex offender.

Didn't bother with the AWA part... I just mentioned fake relationship because I didn't realise they're "re-judged" once their spouse is already in the US. I mean they spouse is no longer the "petitioner". The I-485 is based on immigrant and a valid marriage with the original petitioner. Like I said, didn't realise you could be denied after already passing the AWA hurdle at the petition stage..

[payxibka 10,045]

Didn't bother with the AWA part... I just mentioned fake relationship because I didn't realise they're "re-judged" once their spouse is already in the US. I mean they spouse is no longer the "petitioner". The I-485 is based on immigrant and a valid marriage with the original petitioner. Like I said, didn't realise you could be denied after already passing the AWA hurdle at the petition stage..

What you forgot to realize is that the alien arrived on a K-3.... for the adjustment of status to be completed it not only takes the I-485 but the approval of the I-130... The AWA apparently has made the I-130 unapprovable.