Is there a Visa I can get to go to the US whilst I await my Green Card?

[AmericanDreamer 0]

Hi there,

I'm moving to the States from the UK on an I-130 as my Dad is a Permanent Resident of the USA. Different websites are giving me different timescales... I noticed there is a K-4 Visa a spouse can get so they can live and work in the US whilst they await their residency. Is there a similar Visa I can get as an 'Alien Child'?

I'm currently 2nd Preference, as I'm over 21 and unmarried, and my Dad is not yet a US Citizen. He has held his Green Card long enough to apply for Citizenship, which would upgrade me to 1st Preference, but according to the USCIS Center I am applying through (California, but moving to Arizona), the wait is longer for 1st Preference?!

Basically, I'm confused, and I'd really appreciate some help!!

Thank you

[aleful 1,905]

Hi there,

I'm moving to the States from the UK on an I-130 as my Dad is a Permanent Resident of the USA. Different websites are giving me different timescales... I noticed there is a K-4 Visa a spouse can get so they can live and work in the US whilst they await their residency. Is there a similar Visa I can get as an 'Alien Child'?

I'm currently 2nd Preference, as I'm over 21 and unmarried, and my Dad is not yet a US Citizen. He has held his Green Card long enough to apply for Citizenship, which would upgrade me to 1st Preference, but according to the USCIS Center I am applying through (California, but moving to Arizona), the wait is longer for 1st Preference?!

Basically, I'm confused, and I'd really appreciate some help!!

Thank you

when did your dad file for you?

unfortunatly, children aren't elegible to adjust in country, you must wait in your country and go through consular processing. there is no way to stay and wait in the US because it takes a very long time.

you could try to get a visitor visa, although it will be difficult.

and also maybe a student visa, to stay for a few years legally in the US, but the wait takes a very long time, more than you can stay.

maybe you are confused because there are 2 types of bulletin. one for the i130.

if your dad just sent it, the i130 will take around 5 to 7 months to be approved, depending on the Service Center.

but then there is another bulletin, the visa bulletin, that has the dates of when there is a visa available for you. that's the one where you have to wait for many years.

what stage are you in the process? If your i130 has already been approved, what is your priority date? The wait I believe is more than 7 or 8 years.

Edited March 21, 2011 by aleful

[JimVaPhuong 4,863]

Hi there,

I'm moving to the States from the UK on an I-130 as my Dad is a Permanent Resident of the USA. Different websites are giving me different timescales... I noticed there is a K-4 Visa a spouse can get so they can live and work in the US whilst they await their residency. Is there a similar Visa I can get as an 'Alien Child'?

I'm currently 2nd Preference, as I'm over 21 and unmarried, and my Dad is not yet a US Citizen. He has held his Green Card long enough to apply for Citizenship, which would upgrade me to 1st Preference, but according to the USCIS Center I am applying through (California, but moving to Arizona), the wait is longer for 1st Preference?!

Basically, I'm confused, and I'd really appreciate some help!!

Thank you

Your visa category is F2B. An adult unmarried child of a US citizen would be F1. According to the current visa bulletin, an F1 is currently about 1 year less than an F2B. It's 7 years as opposed to 8 years.

http://www.travel.state.gov/visa/bulletin/bulletin_5368.html

For some visa categories there are derivative visas available, but these are only for spouses and minor unmarried children. In other words, regardless of what sort of visa your father originally immigrated with, you aren't eligible for any sort of derivative visa.

As aleful mentioned, there are a variety of visas available for people to come to the US, both immigrant and non-immigrant. You can apply for any that you're eligible for. Non-immigrant visas are generally more difficult to get when you're waiting in line for an immigrant visa. Most non-immigrant visas come with the condition that you don't intend to immigrate, and your immigrant intent is already established by the immigrant visa petition. Based on what you've told us, there is no other visa you would be eligible for based on your relationship to your father, other than the F2B visa you're already waiting for. If you apply for any other sort of visa then you're going to have to qualify on your own merits.

To make a couple of corrections to your original post - a K4 is not for a spouse. A K4 is for a derivative child of a K3 visa holder, and a K3 visa is for a spouse of a US citizen. Also, under US immigration law, an "alien child" is unmarried and under 21 years of age. After age 21 they are referred to as "son or daughter". You would be referred to as an "unmarried son of a permanent resident".

By the way, don't get married while you're waiting. If you do then you won't be eligible for any immigrant visa through your dad unless he becomes a US citizen.