Can a K-3 be attached to another I-485?

[Krystaline 0]

Husband of USC living in US got approval. Need to petition Stepchildren from overseas. 3 over age 18. One age 16. Married 3yrs. Can I attach I-485 for step kids to their feather's?

[TabeaK 517]

What visa are you trying to get? A K3 visa has nothing to do with children...

Your husband has a GC and is in the US and wants to bring his children? Are any of them married? What are the exact ages?

[Unlockable 7,315]

No.

Also, clarify your post. The way it reads now is the 16 year old has been married for 3 years.

Give exact ages. Are they over 21? Will make a difference.

[NikLR 13,232]

Sounds to me like the USC and foreign beneficiary have been married for 3 years and the foreign spouse recently was approved for their AOS. (Maybe ROC? not sure...) Now they want to bring 4 children over, 3 of whom are over 18 and one who is 16.

No you can't AOS children that aren't living in the USA. They require a visa.

The USC spouse needs to send an I-130 for each child provided you were married before the children were 18. I believe the foreign spouse may need to file for the children who are over 18...

[milimelo 4,569]

If marriage happened before kids were 18, the USC stepparent can file for all kids. Faster that way for under 21 year old kids. If over 21, probably best for LPR parent to file. Check visa bulletin on state.gov for current visa availability.

[Krystaline 0]

I am sooo sorry I am just getting to know this forum business!

OK So here is the break down

1. My now husband entered the US on a Visa as a Pilot in 2009. Married a USC in 2010 (not me!).
2. In 2010 (months later after marriage) he was wrongfully detained in El Paso for 90 days, under the guide that his VISA was expired, when in fact it was being extended, and released in Aug 2010 after posting a 15K bond and being coerced into signing a voluntary departure. HE WAS MARRIED TO USC AT THAT TIME.
3. He had a VAWA case originally filed in 2011 when we met while I was his social worker and he was my patient for PTSD and depression. He was a victim of Domestic Violence at the hands of is (now ex-wife) USC spouse.
4. I offered to help with his Affidavits and Case Management Notes towards his VAWA case, especially after hearing his story, his case was being "handled" by a large law firm in San Antonio, TX.
5. I contacted law firm and offered my services also as a liaison between our client and our offices, since my now husband was difficult for them to communicate due to cultural and language barriers.
6. I obtained a copy of the file and found there was a Prima Fascia for his VAWA, but none of the requests for further evidence were ever sent in to USCIS.
7. I completed the package of Evidence Requested and delivered to Law Firm. Months later upon asking for an update we were given a full copy of response and I found when I requested a copy of the file from USCIS, that the Law Firm in fact had "Picked apart" my package and sent in only pieces.
8. My Client FIRED the law firm and by then we were together as a couple dating. We took control of the file ourselves and tried to submit further evidence. However we still had the DEPORTATION HEARINGS TO GO THROUGH.
9. Moved to Arizona. Got Married. Got Pregnant. Transfered Case to Phoenix Field Office. Few Years Passed.
10. Reached out to Congresswoman and asked advice. We were advised that VAWA would take a long while. Since we were married with a child we should just file NEW APPLICATION I-130
11. FILED in 2013. (Full Package I-130, I-485, I-765, Fees, etc...) No Answer. No Receipts.
12. DEPORTATION COURT was given a letter by congresswoman's office they were "witness to our filing" so we were in the process of "Finding" the file in the Abyss. 2014 MAY. EXTENSION WAS GIVEN TILL NOV 2015.
13. RE-FILED NEW AP SEPTEMBER 2015 AFTER FILE WAS NEVER FOUND (NEW FORMS/NEW FEES).
14. Filed a Motion to Dismiss Deportation Proceedings without Prejudice, and Official Request to Expedite Filing with USCIS. (Now 3rd Filing)
15. On October 15, 2015 He received NEW AP Receipts
16. On October 30, 2015 He had appointment for Biometrics
17. On November 7, 2015 ICE "Granted" Motion and Forwarded his case (and confiscated passport) to USCIS for processing.
18. THEN JUST SILENCE.
19. My husband was detained and taken to jail while we had a routine traffic stop on Dec 30, 2015. Even upon showing officers the USCIS receipts, upon calling in his A# (ICE) told the officers to HOLD him in county jail for pick up for ICE detention in Phoenix!!!! So I had to run around and reach the ERO at ICE to fax Court Order, to update computer and REMOVE HOLD.
20. Bond Cancellation is ANOTHER TOPIC
21. Info Pass for May 9th, 2016 to look into case with no response told us that SAME DAY (May 9th) I-765 Work Permit and Travel Document had been approved just that same morning.
22. May 13th, 2015 Work Authorization Card and Advanced Parole Travel Document arrived via USPS Priority mail with tracking.
23. Applied at SS Office for SSN on Monday May 16, 2016

NOW HAVE A FEW STEP-KIDS TO BRING TO US TO GET BETTER EDUCATION

1. We were Married in September 2013 in Arizona.
2. We have a USC 2yr old Daughter together born in AZ (Half-Sister to both his and my children from previous marriages)
3. All Step-Children are over-seas
4. One Male is born 2000 (Age 13 at time of Marriage)
5. Two Males born 1998 - Twins (Age 15 at time of Marriage)
6. One Female born 1995 (Age 18 at the time of Marriage)

We were told to file an I-130, with a I-129F (K3-K4) Visa request to bring children over. What I do not know is if they should all go separately on their own I-485 or if they get attached to their Dad's (My husband's). Or if I can bring them without expending the I-485 Fee?

Can I just apply with I-130 and I-129F, get them here then file I-485 for all?

Air Fare is going to be expensive. I am trying to get them here, in school, and file their Adjustment of Status docs.

THANKS!

[aleful 1,905]

hi

you were told wrong, since a K3 is for a spouse of a USC and it almost obsolete anyway

for the 18 year old,you cannot file for her, your husband will need to file for her once he is a LPR

the other 2, because they were under 18 when you married him, you can file the i130 for them and it will take around a year. what about their mom? will she give consent for the children to leave the country?

you don't need the i485, the i485 is for adjusting status in the US, they can't come here to adjust status in the US, they will have to wait a year and have the interview in their country, they will come with the visa

they are in their country, so they will go through consular processing in their country of origin

Edited May 19, 2016 by aleful

[NigeriaorBust 4,087]

I think you confused the I485 with the I845 The second one is affidavit of support and each will need their own.

[Krystaline 0]

This is where I got it from...

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Eligibility Requirements

If you are a... You may petition for... U.S. citizen

• Children (unmarried and under 21)
• Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.
• Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition.

Step-parent (step-mother or step-father)

• A copy of your step-child’s birth certificate issued by civil authorities
• A copy of your civil marriage certificate to your step-child’s genetic or legal gestational parent
• Proof of the legal termination of all previous marriages for you and/or the genetic parent or legal gestational mother (divorce decree, death certificate, annulment decree)

Can my child come to the United States to live while the visa petition Is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

[NikLR 13,232]

I think you confused the I485 with the I845 The second one is affidavit of support and each will need their own.

I-864?

[Krystaline 0]

I'm confused

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

Edited May 19, 2016 by Krystaline

[aleful 1,905]

This is where I got it from...

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Eligibility Requirements

If you are a... You may petition for... U.S. citizen

• Children (unmarried and under 21)
• Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition.
• Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition.

Step-parent (step-mother or step-father)

• A copy of your step-child’s birth certificate issued by civil authorities
• A copy of your civil marriage certificate to your step-child’s genetic or legal gestational parent
• Proof of the legal termination of all previous marriages for you and/or the genetic parent or legal gestational mother (divorce decree, death certificate, annulment decree)

Can my child come to the United States to live while the visa petition Is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

hi

unfortunately there is a lot of outdated information that immigration hasn't kept up with, it also talks about the visa V, and that doesn't exist anymore

Edited May 19, 2016 by aleful

[aleful 1,905]

even if you could send the i129f

it would take months to be approved and sent to nvc, and administratively closed, since the consular processing would take precedent

[aleful 1,905]

I'm confused

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

hi

his children don't qualify to follow to join because they aren't his derivatives, there are no derivatives in spouses' petition, each child is petitioned separately

[Krystaline 0]

Would it make more sense to just get them a Student or Visitor Visa first then? And then once in US I can File Petitions?