K-3 .VS. K-1 & the 18 year old daughter

[Danny Boy 0]

Hello everyone, I am pretty sure this question is answered somewhere on this forum but I am not sure where. I have looked around but did not find an answer. My situation is that I plan to get married to a woman (whose has a 18 year old daughter) in China. My dilemna is whether I should go with a K-1 or a K-3 visa application. The daughter is in the last year of high school. She will be taking College tests this June. At this point, the plan is to let her to go to school in China until I get a visa for my wife-to-be. I have looked at the USCIS site. It is a bit confusing. I have looked at the flow charts on this site and they do not seem to address my situation. I even went to an immigration help organiztion and asked some questions. They said that the way to go was that the wife would have to get have her application approved her first and after she immigrated and then we could do a separate aplication for the daughter. I think this will take a long long time. I thought that we could attach the daughter's immigration application to my wife-to-be's application (called " a follow-on" benefit or is there some benefit called..no child left behind?) and thefore we would not have to wait longer for the daughter to immigrate than if we filed a separate relative based immigration application, which I heard took up to 10 years to process. I don't want to have do this. I would like to get the daughter here as soon as possible. Can someome help me or guide me to where I can find some answers or help? I did look at the flow charts, the Faq's and the guides. I am not sure if I missed something. In our case the wife-to-be has some commitments in China so we do not need to get her here by the quickest method. It is the daughter that is causing us the concern. This is the factor I think that may determine which type of application we should file. Any ideas or suggestions? Thank you for any and all your replies... Danny Boy

[Boiler 45,852]

http://www.visajourney.com/forums/index.ph...&page=child

[riblet 0]

Both the K3 and the K1 have derivative visas for unmarried children under the age of 21. If they are listed on the I129F application, on they are eligible for a visa when the mother's is approved. My understanding is that it is unnecessary to file an additional application, and that when the approved K1 is forwarded to the consulate the child will be processed with the parent.

As far as timing, the immigration timelines on this site seem to indicate an average time of 2-3 months for K1 approval, and then another average 5 months until interview at consulate. So 7 to 8 months would probably be a reasonable estimate, although there is no way to be certain.

Good luck with everything, and hopefully someone else will confirm my understanding as I haven't dealt with this situation personally

[Reba 2]

the derivitive visa from K1 for a child under 21 is K2. The equivalent from K3 is K4. I'm sure there's quite a lot of information here at VJ about these 2 visas.

If you get married first and do K3, remember to file an I-130 for both your wife and her daughter at the same time.

[jula 0]

How about looking into CR/IR-1 (2) immigrant visas? What are the processing times for those in China? It may give your future wife some extra time + they become residents upon arrival (no adjustment of status). The big problem with an older child on K2 and K3 is that they may age out, meaning reach 21 before adjustment of status interview in the US and become ineligible for AOS as dependants.

[pj1959us 0]

Your best option at this point in time, if the timing works out for the daughter's schooling, is to consider the I-129F K-1/K-2 visas (since the I-129F allows a child up to the age of 21 to obtain the K-2). Your fiancee can obtain the K-1 and the K-2 can obtain a visa at that time or can obtain the K-2 within a year (as a follow to join) after the K-1 is issued if schooling can be finished by then.

If the child is already 18 there is no way for you, as the US citizen, to petition for the daughter if you marry since the stepparent relationship must occur before the child is 18. There is no way for you to marry first and then submit an I-130 for the daughter because of this stipluation.

What you must be wary of is the K-2 (according to some problems that have occurred with other VJers) is she should arrive and adjust status (the AOS interview adjudicated) by the time she is 21. There appears to be some interpretations by the local offices that have caused problems if the AOS occurs once the K-2 turns 21, and the adjustment is denied.

Since she is just 18, you have some time before this would happen so the above scenario may work out for you but I would not delay too long...some areas take longer than others to complete AOS and you don't want to have to deal with this nightmare.

The other option is to marry and your wife submit an I-130 for her daughter after she is a Permanent Resident...but that will take some time. You cannot do so because of her age at your marriage (as stated above) and it would be years before the visa would be issued.

[Danny Boy 0]

ahhhh... Is this process suppose to be simple? I don't think so. First I want to Thank everyone for their responses, ideas and suggestions. I did go to the link that Boiler posted. I had been there before but I think I got lost a little. I read your postings several times and tried to make sure everything was clear to me. That is easier said then done!! There is a lot of information in the Guide section of this Forum. I read a disclaimer that said that the information given is condensed material and that most cases may be unique in nature. Over the weekend I looked around and read and reread different sections. There is some great info and I think it is presented in a much easier format then the information on the USCIS site.

I am trying to make sure the circumstances that make my case uniques are addressed. You all did a good job of steering me in the right direction. Trying to navigate thru all the information can be very frustating. It is like the video games the kids play today. There are so many rules, twists and turns and surprises to get to the final destination... Anyway. From the information given and what I read it looks like the K-1 is the better way for us to go. I want to avoid having the daughter enter in a waiting pool where the waiting period is 8 to 10 years to come to the states. As far as her finishing college, that may be a little tricky. If she starts college in China next year and she goes for 4 years she should graduate in June 2010, which means she will be 22 1/2 years old. Assuming that the paperwork (attached to my finacee application) is approved and she is brought to the states before she turns 21 years old (for the sake of arguement in the summer of 2008). And then she gets her green card. Can she return to China to finish her college? Or does she have to stay in the United States for a period of time before she applies for an AOS? Or can we wait to bring her to the US until after she graduates from college ( Isn't there some type of "no child left behind" clause in the family immigration act?) Like I mentioned before.. there are twist and turns and rules to follow and I have to be carefull to navigate successfully thru the maze. I am trying to make sure that I navigate my future family correctly thru this immigration maze. I would any appreciate any guidance that you all can offer me. Thank You again.

[Yodrak 7]

Danny Boy,

You've got a problem on the K3 side - you cannot file an I-130 petition for the daughter.

Yodrak

Hello everyone, I am pretty sure this question is answered somewhere on this forum but I am not sure where. I have looked around but did not find an answer. My situation is that I plan to get married to a woman (whose has a 18 year old daughter) in China. My dilemna is whether I should go with a K-1 or a K-3 visa application. ...... Danny Boy

[Yodrak 7]

Reba,

K4 is not entirely equivalent to a K2. In this case the USC cannot file an I-130 for the daughter - the girl is not and cannot become his stepdaughter, not for immigration purposes.

Yodrak

the derivitive visa from K1 for a child under 21 is K2. The equivalent from K3 is K4. I'm sure there's quite a lot of information here at VJ about these 2 visas.

If you get married first and do K3, remember to file an I-130 for both your wife and her daughter at the same time.

[pj1959us 0]

From the information given and what I read it looks like the K-1 is the better way for us to go. I want to avoid having the daughter enter in a waiting pool where the waiting period is 8 to 10 years to come to the states. As far as her finishing college, that may be a little tricky. If she starts college in China next year and she goes for 4 years she should graduate in June 2010, which means she will be 22 1/2 years old. Assuming that the paperwork (attached to my finacee application) is approved and she is brought to the states before she turns 21 years old (for the sake of arguement in the summer of 2008). And then she gets her green card. Can she return to China to finish her college? Or does she have to stay in the United States for a period of time before she applies for an AOS? Or can we wait to bring her to the US until after she graduates from college ( Isn't there some type of "no child left behind" clause in the family immigration act?) Like I mentioned before.. there are twist and turns and rules to follow and I have to be carefull to navigate successfully thru the maze. I am trying to make sure that I navigate my future family correctly thru this immigration maze. I would any appreciate any guidance that you all can offer me. Thank You again.

When one receives a green card the intent is to reside in the US. The daughter would be unable to come to the US on a K-2, receive a green card (processing in areas vary), and then go back to China for 4 years. Would she be unable to go to college in the US? With the current issues facing a K-2 being adjudicated for AOS before they reach 21 is also something you must keep in mind.

If she must go to college in China then you can marry, but as I stated before your wife would then wait until she receives her green card and would then submit the I-130 for her daughter. The caveat is that there are waiting times and she would have to wait until an immigrant visa number is available (the timeline is listed in the Visa Bulletin) and it is doubtful that it would be right after she finishes college.

Alternatively, if your wife becomes a citizen (at least 3 years after becoming a PR) then she can upgrade the I-130 and the family preference category would change (and you would need to compare the timelines between the two). I don't know the anticipated processing time in your area for AOS but you will want to consider this since some areas take a longer period of time for the AOS interview than others.

We can't make this decision for you. You will have to figure your timeline of marriage, AOS processing, Visa Bulletin timelines, citizenship (if applicable) and see what works best in your situation. Since you were not her stepfather before she turned 18, your choices are limited to the above scenarios because you will not be able to submit an I-130 for her, ever...thus the "no child left behind" is not really pertinent to your situation.

Edited December 12, 2006 by pj1959us

[Yodrak 7]

pj1959us,

Why can she not return to China for college after becoming an LPR?

Yodrak

.... If she starts college in China next year and she goes for 4 years she should graduate in June 2010, which means she will be 22 1/2 years old. Assuming that the paperwork (attached to my finacee application) is approved and she is brought to the states before she turns 21 years old (for the sake of arguement in the summer of 2008). And then she gets her green card. Can she return to China to finish her college? ......

When one receives a green card the intent is to reside in the US. The daughter would be unable to come to the US on a K-2, receive a green card (processing in areas vary), and then go back to China for 4 years. ......

[Boiler 45,852]

pj1959us,

Why can she not return to China for college after becoming an LPR?

Yodrak

.... If she starts college in China next year and she goes for 4 years she should graduate in June 2010, which means she will be 22 1/2 years old. Assuming that the paperwork (attached to my finacee application) is approved and she is brought to the states before she turns 21 years old (for the sake of arguement in the summer of 2008). And then she gets her green card. Can she return to China to finish her college? ......

When one receives a green card the intent is to reside in the US. The daughter would be unable to come to the US on a K-2, receive a green card (processing in areas vary), and then go back to China for 4 years. ......

Seems the obvious solution.

[Danny Boy 0]

[When one receives a green card the intent is to reside in the US. The daughter would be unable to come to the US on a K-2, receive a green card (processing in areas vary), and then go back to China for 4 years. ......

Hello again... When the daughter comes to the USA, does the time she has to wait to get LPR status varies on the type of visa applied for.. a K-2 or a K-4? Also will she receive a 2 year green card or a 10 year green card? Does this depend on what the type of card that her mother received. My finacee needs to wait to immigrate for a while because she is will be eligible for retirement in 1 to 2 years. She is lucky in the sense that she does not have wait until she is 62..Not even 55 for early retirement. She will be able to retire in her forties. I don't see the sense in having her rush here and then have her miss out on her retirement benefits. I wish I could have retired in my forties. It is too late now!!!

I am a bit confused, PJ1959us says that the daughter would have to wait 4 year before she could go back to the China. Is that because intially she would only be eligible for temporary LPR status (1 or 2 year) and then she would have to file AOS of status? I have read postings on this forum and several other differnet forums also. I also know a few people who have immigrated here. The process seems simpler until I try to apply my case's particulars. I know one child who came here and he was given 10 year green card right off the bat. I know another person and he only got a 1 year permisssion and he has to check on his status before the end of the year. And I know of another woman who came to the states after being married for 25 monthes.. When she came she received a 2 year LPR card but when she went to apply for an AOS she was told that she should had been given a 10 LPR status. I try to understand why so many of the cases are the "same" but so definitely "different". Sometimes I wonder if it is me or it the process. This site and your help/ advice is helping me understand the process better but I have much more to learn and to understand. Thank you for your help. DannyB

P.S. In the last few guys suggesting that the daughter delay starting college until after becoming a LPR or that she interupts her study studies. Are there different considerations. Thanks again.

[Yodrak 7]

Danny Boy,

Hello again... When the daughter comes to the USA, does the time she has to wait to get LPR status varies on the type of visa applied for.. a K-2 or a K-4?

No

Also will she receive a 2 year green card or a 10 year green card? Does this depend on what the type of card that her mother received.

Depends on the age of your marriage to her mother at the time the adjustment is granted. Less than 2 year marriage gets conditional LPR status, more than 2 year marriage gets LPR status without condition. (Except, in one region of the USA, the District Office gives conditional LPR status to all K1 and K2 adjustees regardless of the age of the marriage at the time adjustment is granted.)

My finacee needs to wait to immigrate for a while because she is will be eligible for retirement in 1 to 2 years. ..... I don't see the sense in having her rush here and then have her miss out on her retirement benefits. ....

Waiting could endanger the daughter's ability to adjust, if the adjustment is not granted before the girl turns 21. Search for posts by Girona.

I am a bit confused, PJ1959us says that the daughter would have to wait 4 year before she could go back to the China. .... DannyB

PJ1959us confuses me also. No idea where that thought came from. She could go back once she has LPR status, maybe even sooner using Advance Parole.

Yodrak

Edited December 19, 2006 by Yodrak

[pj1959us 0]

[When one receives a green card the intent is to reside in the US. The daughter would be unable to come to the US on a K-2, receive a green card (processing in areas vary), and then go back to China for 4 years. ......

Hello again... When the daughter comes to the USA, does the time she has to wait to get LPR status varies on the type of visa applied for.. a K-2 or a K-4? Also will she receive a 2 year green card or a 10 year green card? Does this depend on what the type of card that her mother received. My finacee needs to wait to immigrate for a while because she is will be eligible for retirement in 1 to 2 years. She is lucky in the sense that she does not have wait until she is 62..Not even 55 for early retirement. She will be able to retire in her forties. I don't see the sense in having her rush here and then have her miss out on her retirement benefits. I wish I could have retired in my forties. It is too late now!!!

I am a bit confused, PJ1959us says that the daughter would have to wait 4 year before she could go back to the China. Is that because intially she would only be eligible for temporary LPR status (1 or 2 year) and then she would have to file AOS of status? I have read postings on this forum and several other differnet forums also. I also know a few people who have immigrated here. The process seems simpler until I try to apply my case's particulars. I know one child who came here and he was given 10 year green card right off the bat. I know another person and he only got a 1 year permisssion and he has to check on his status before the end of the year. And I know of another woman who came to the states after being married for 25 monthes.. When she came she received a 2 year LPR card but when she went to apply for an AOS she was told that she should had been given a 10 LPR status. I try to understand why so many of the cases are the "same" but so definitely "different". Sometimes I wonder if it is me or it the process. This site and your help/ advice is helping me understand the process better but I have much more to learn and to understand. Thank you for your help. DannyB

P.S. In the last few guys suggesting that the daughter delay starting college until after becoming a LPR or that she interupts her study studies. Are there different considerations. Thanks again.

I apologize that my wording was confusing...I didn't mean that she would have to wait 4 years before she could go back to China. What I meant was, she couldn't adjust status and essentially move back to China for 4 years, without having the AOS considered abandoned. She could go back to college in China, but she would need to be wary of the time out of the US and ensure that either AP or a re-entry permit was arranged beforehand (which seems a bit of a hassle and expense to me, but perhaps that's just me).

That was the basis of why I recommended checking the AOS processing times in your area and to see if it is feasible to go to college in the US instead since, depending on the timing of all the processing she may be delayed even going back to China if she is dependent on receiving the AP and/or re-entry permit in time (not to mention the wait of the AOS processing and possibly having to return to the US for the biometrics and/or for the AOS to be adjudicated as required which may interfere with her schooling). If there is an exception to this requirement due to education then I again apologize for the incorrect information but I was not aware of it.

One of the main issues your wife's daughter has is her age and the apparent necessity to adjust status before she reaches the age of 21. If that is not done then as I stated above (which was hopefully clear) then your wife would have to submit an I-130 once she becomes a PR and wait a number of years for an immigrant visa number to become available. If your wife becomes a citizen then the status could be changed if that would be of benefit, but again you would need to check the visa bulletin and figure your timelines for your situation and its ultimate changes along the way.