Question About Immigrant Children

[Mike and Adriana 0]

OK. Let's say that my I-130 gets approved before my I-129F. I understand I have the option to switch to seeking a CR-1 instead of the K-3. However, my wife has a 9 year old daughter who we intend to bring here at the same time as my wife. Can you bring a child over to the U.S. with her mother on a CR-1? Or is that only possible with a K-3?

Thanks!

[aussiewench 9]

Whilst the K-4 is a derivative of the K-3, the same does not apply for immigrant visas. If there is no K-3 visa, there is no K-4.

A child must have their own I-130 in order to apply and be granted a CR-2 immigrant visa.

From the FAQ available at the top of the page.

10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.

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[Mike_&_Rossy 0]

OK, I am in the same boat here. My wife (as of Oct 21 this Saturday :-) has 8 year old twin boys. We'll be moving the whole family here at the same time. Until then at least I can see everyone every weekend with a 2-3 hour drive. I'd complain but I see all you guys waiting it out thousands of miles away. I cant imagine how much that sucks. So I'll just sit here and be thankful with my LA-Tijuana commute mmkay.

Aussiewench told me this a while ago:

Mike

You may also want to consider that there is approx a 1 year wait for CR-1 interviews in Mexico, so having the I-130 approved and processed through NVC for the CR-1 may not be what you both want.

How does this all tie in? Sinice I am K3/K4 I wont be worrying about a CR-1?

File I-130s for everyone at the same time?

Does anyone have any insight to parental permissions required? The father is not in the picture and should be cooperative.

Do people tend to have more problems with the US immigration vs the country the kids are leaving as far as permissions and paperwork?

Mike

(still reading and learning and memorizing acronyms)

[Yodrak 7]

Mike and Adriana,

Did you submit an I-130 petition for the child when you submitted it for your wife?

If not, why didn't you? And get moving on it.

Yodrak

OK. Let's say that my I-130 gets approved before my I-129F. I understand I have the option to switch to seeking a CR-1 instead of the K-3. However, my wife has a 9 year old daughter who we intend to bring here at the same time as my wife. Can you bring a child over to the U.S. with her mother on a CR-1? Or is that only possible with a K-3?

Thanks!

[Mike and Adriana 0]

No, we did not. I was advised to go the K-3 route. I was told that by including my step-daughters name on the I-129F, she would automatically be included in the K-3 visa application. I was advised that the I-129F's were being processed faster than the I-130s...so getting a K-3 was better than waiting for a CR-1.

I submitted the I-130 in mid-September. I submitted the I-129F last Friday (10-13). I could probably do an I-130 for my step-daughter, but I probably couldn't get it completed and mailed until early to mid-November. Does it make sense to still do it? If so, why? I just want to understand why I am doing certain things.

Further, if I file a I-130, I assume her mother actually fills out the paperwork (with me) and signs on behalf of the 9 year old child. Correct?

Thanks for any and all information and help.

Mike

[Yodrak 7]

Mike,

Advised by who?

Whichever you need to submit an I-130 for the child.

Yodrak

No, we did not. I was advised to go the K-3 route. I was told that by including my step-daughters name on the I-129F, she would automatically be included in the K-3 visa application. I was advised that the I-129F's were being processed faster than the I-130s...so getting a K-3 was better than waiting for a CR-1.

.....

Mike

[Mike and Adriana 0]

I hired some folks in Colombia to assist me with the paperwork and the required translations, etc. The idea of submitting a I-130 for the child never came up.

I am not doubting anyone, but would like to know why this is suggested. Is it because if the I-130 gets approved first, I can switch to the CR-1/AR-1 process? Or are there additional reasons.

Thanks!

Mike

Mike,

Advised by who?

Whichever you need to submit an I-130 for the child.

Yodrak

No, we did not. I was advised to go the K-3 route. I was told that by including my step-daughters name on the I-129F, she would automatically be included in the K-3 visa application. I was advised that the I-129F's were being processed faster than the I-130s...so getting a K-3 was better than waiting for a CR-1.

.....

Mike

[aussiewench 9]

I hired some folks in Colombia to assist me with the paperwork and the required translations, etc. The idea of submitting a I-130 for the child never came up.

I am not doubting anyone, but would like to know why this is suggested. Is it because if the I-130 gets approved first, I can switch to the CR-1/AR-1 process? Or are there additional reasons.

Thanks!

Mike

Mike

Whilst a seperate I-130 is not required for the child that will be a derivative of the K-3 visa, the child must have their own I-130 in order to adjust status once in the US on a K-4. It has to be filed eventually so why wait. Having their own approved I-130 also allows a CR-2 to be sought for the child if things change and the CR-1 for the parent is sought instead of the K-3. If there is no K-3, there is no K-4......and if the child has no I-130 filed on their behalf then there is no visa for the child. CR-2 is not derivative of the CR-1.

[Mike and Adriana 0]

Thanks so much to all! Now I understand. I'll get on it.

I hired some folks in Colombia to assist me with the paperwork and the required translations, etc. The idea of submitting a I-130 for the child never came up.

I am not doubting anyone, but would like to know why this is suggested. Is it because if the I-130 gets approved first, I can switch to the CR-1/AR-1 process? Or are there additional reasons.

Thanks!

Mike

Mike

Whilst a seperate I-130 is not required for the child that will be a derivative of the K-3 visa, the child must have their own I-130 in order to adjust status once in the US on a K-4. It has to be filed eventually so why wait. Having their own approved I-130 also allows a CR-2 to be sought for the child if things change and the CR-1 for the parent is sought instead of the K-3. If there is no K-3, there is no K-4......and if the child has no I-130 filed on their behalf then there is no visa for the child. CR-2 is not derivative of the CR-1.

[Yodrak 7]

Mike,

Another feather in the hat of 'visa services'.

A K3 can't adjust status without an I-130.

What's "AR-1"?

Yodrak

I hired some folks in Colombia to assist me with the paperwork and the required translations, etc. The idea of submitting a I-130 for the child never came up.

I am not doubting anyone, but would like to know why this is suggested. Is it because if the I-130 gets approved first, I can switch to the CR-1/AR-1 process? Or are there additional reasons.

Thanks!

Mike

Mike,

Advised by who?

Whichever you need to submit an I-130 for the child.

Yodrak

No, we did not. I was advised to go the K-3 route. I was told that by including my step-daughters name on the I-129F, she would automatically be included in the K-3 visa application. I was advised that the I-129F's were being processed faster than the I-130s...so getting a K-3 was better than waiting for a CR-1.

.....

Mike

[Mike_&_Rossy 0]

I will be doing the same thing here and I want to do it right. I am getting married this Saturday. From what I can tell I need to fill out a 1-130 and an I-129F for my new wife. Then also fill out a I-130 for each child. I-129 does not get filed for the kids.

Correct?

Mike & Rossy

[aussiewench 9]

I will be doing the same thing here and I want to do it right. I am getting married this Saturday. From what I can tell I need to fill out a 1-130 and an I-129F for my new wife. Then also fill out a I-130 for each child. I-129 does not get filed for the kids.

Correct?

Mike & Rossy

Also have a read HERE

[nyseness 0]

I will be doing the same thing here and I want to do it right. I am getting married this Saturday. From what I can tell I need to fill out a 1-130 and an I-129F for my new wife. Then also fill out a I-130 for each child. I-129 does not get filed for the kids.

Correct?

Mike & Rossy

I had the same question since I am too going to file the K3/4 for my spouse and step-child. I just cld the USCIS and spoke to several reps...they all confirmed that a separate I-130 & I-129f is not required since the child is the dependant. However, once they arrive a separate I-485 needs to be filed for both.

[Mike and Adriana 0]

Let's see if I've learned anything from all of this.

From what I have read (official government stuff and on this site), I gather that the K-3 (resulting from the I-129F) does cover the depenent child. However, if you want to option to switch to an IR-1/CR-1 (for the spouse and step-child) should the I-130 be processed faster, then you will have needed to file a separate I-130 for both the spouse and the step-child.

The only glimmer of disagreement I can see is with regard to the adjustment of status. MUST an I-130 be filed for the step-child in order for AOS to be granted? Or, will the K-4 visa suffice? I thought I knew the answer to this, but the last post makes me wonder.

Mike

[Mike and Adriana 0]

The only glimmer of disagreement I can see is with regard to the adjustment of status. MUST an I-130 be filed for the step-child in order for AOS to be granted? Or, will the K-4 visa suffice? I thought I knew the answer to this, but the last post makes me wonder.

Mike

NYSENESS's post caused me to go back to the I-485 instructions and read carefully (which still does not guarantee that I can understand the bureaucratical language used). Since I can't copy and paste from the PDF, this is the short of what it say on page 1 of the I-485 instructions.

If a "principal" is filing for AOS based on immigrant status, a "derivate" can file for AOS at the same time as the "principal" or any time after the "principal" is approved. This assumes that both the principal and the derivative are in the U.S. at the time.

Applying this to the K3/K4 visa holder....the principal is the alien parent (who filed both a I-130 and an I-129F) and the derivative is the child. Thus, the child can apply for the AOS at the same time as the alien parent (or after the alien parent is approved)....without ever having an I-130 filed on his/her behalf. This would be consistent with what NYSENESS was told.

Make sense? Agree? Disagree?