K4 Visa, Children alone

[yenom34 1]

Once we have the custody of my wife's children who has her permanent Resident Alien Card, can we apply for a K-4 visa for the children so they can come to the US and live with us safely while their immigration status is being completed? If not K-4 Visa...which visa or process do we have to do?

Thanks for your time!

[NikLR 13,227]

The process is similar to your wife's journey. The children would be petitioned and then have a visa interview in their home country as CR2. K4 would have only been for children who would have been derivatives of a K3 parent which is not the case in your journey.

Looking at your timeline your I-130 was just approved so your wife is not an LPR yet. If you want for her to wait for the children to catch up you can do that, or she can come first and you can petition the children now and they can come whenever their visa process is done. YOu can send a copy of the NOA1 and NOA2 with their petitions and request an expedite based on the fact your wife already has an approved petition.

[yenom34 1]

Thank you sooo much for your reply....your info and advice is very much appreciated.

[NikLR 13,227]

Hope the journey for the children is an easy one!