IR2 or K-4 visa, need to bring my stepdaughter ASAP

[ErinC 0]

Hi everyone, 

 

I am a USC and my husband is a LPR. We did the whole IR1 visa 3 years ago from Germany and all went well. We are in the USA now but needing to bring my stepdaughter (lives in the UK) to live with us ASAP. Her safety and well being is at stake and she needs to be with us. Her mother is willing to assist in getting my Step daughter here ASAP.

 

I would like to know what is the best route to take?

 

I have been reading about doing an immidate family member visa IR2 like I did for my husband by filling out the I-130, then the DS-260, and doing consualr processing at an embassy abroad.

 

I read about the K4 visa which COULD get here here faster, depending on the processign times for the I-130 and then the I-129F...but then also said the I-130 was processed faster that the 129F so the K4 visa can be a waste to time. 

 

We are in Arizona, and I really need advice as to which route to take! Has anyone ever tried to expedite the visa process for a child based on custody issues/safety/well being?

 

THANK YOU!

[payxibka 10,047]

Just now, ErinC said:

Hi everyone, 

 

I am a USC and my husband is a LPR. We did the whole IR1 visa 3 years ago from Germany and all went well. We are in the USA now but needing to bring my stepdaughter (lives in the UK) to live with us ASAP. Her safety and well being is at stake and she needs to be with us. Her mother is willing to assist in getting my Step daughter here ASAP.

 

I would like to know what is the best route to take?

 

I have been reading about doing an immidate family member visa IR2 like I did for my husband by filling out the I-130, then the DS-260, and doing consualr processing at an embassy abroad.

 

I read about the K4 visa which COULD get here here faster, depending on the processign times for the I-130 and then the I-129F...but then also said the I-130 was processed faster that the 129F so the K4 visa can be a waste to time. 

 

We are in Arizona, and I really need advice as to which route to take! Has anyone ever tried to expedite the visa process for a child based on custody issues/safety/well being?

 

THANK YOU!

K-4 is not a valid option for you so don't bother

[aleful 1,905]

exactly

 

the k4 is a child who comes with parent under the k3 visa, you would have had to enter the country on k3 and your daughter  would have come with you on a k4 and adjusted status at the same time

 

if the marriage took place before she was 18, you can file for her as your stepdaughter, filing the 130

 

  

Edited January 28, 2018 by aleful

[JFH 12,191]

*~*~*moved from "K-3 spouse visa" to "bringing family members of USCs" as the spouse is already here and the K visa route is not an option for the child*~*~*

 

 

There is only one option to bring your step-daughter, IR-2. You can request an expedite and submit evidence as to why an expedite is needed, but it may not be granted. Your husband should go to the U.K to be with his daughter whilst the case is in progress if she is in danger. Is she in foster care in the U.K.? 

[ErinC 0]

Thanks everyone.

 

SHe is not in Foster care but her mother is not able to care for her anymore. He mother's family is always caught up in some episode of domestic abuse and violence, drugs, and police reports. 

 

Does anyone know about how long the IR2 route would take without it being expedited? If I file the 1-130 next week, about how long would it be for consular processing in the UK?

[payxibka 10,047]

1 minute ago, ErinC said:

Thanks everyone.

 

SHe is not in Foster care but her mother is not able to care for her anymore. He mother's family is always caught up in some episode of domestic abuse and violence, drugs, and police reports. 

 

Does anyone know about how long the IR2 route would take without it being expedited? If I file the 1-130 next week, about how long would it be for consular processing in the UK?

You are not eligible for consular processing of the I-130.  You are looking at about a year +

[ErinC 0]

1 minute ago, payxibka said:

You are not eligible for consular processing of the I-130.  You are looking at about a year +

why is that? She is in the Uk and that is where she would be doing her interview and submitting all the evidence?

[payxibka 10,047]

3 minutes ago, ErinC said:

why is that? She is in the Uk and that is where she would be doing her interview and submitting all the evidence?

I-130 will need to go to the USCIS service center in the states.  Once it has navigated that process then it will go to NVC and then to London

 

Consular processing is only available if the USC is resident outside the USA

Edited January 28, 2018 by payxibka

[Unlockable 7,315]

The problem is that ASAP is not as fast as you think it is. NOTHING in immigration is fast.

 

Even with expedite it can take several months.

[JFH 12,191]

It's going to take about a year. 

 

Have you contacted social services about her being placed in foster care? Your husband needs to go to the U.K. and look after her. Why did he leave her there if this situation has been going on for some time? 

[ErinC 0]

I dont see anywhere that says that the k4 cant be filled at a later date...it doenst say anywhere it HAS to be filed only with the k3...???

 

[payxibka 10,047]

A child may be eligible for a K-4 visa if:

• He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant

 

K4 is a derivative (add on benefit) visa for minor children of a K-3.  Period.

 

To file for a K-3 you file an I-130 for IR-2  for your spouse and then an I-129F for the K-3. 

 

You cannot file an I-129F for a K-4 standing alone.

 

K-3/4 are obsolete visas anyway, so you need to just realize it is not something that you can do

Edited January 29, 2018 by payxibka

[Illiria 980]

How old is the child and has her father applied for citizenship? 

 

Does the child have German citizenship? Can she go live with your husbands family until the visa is processed. 

[payxibka 10,047]

1 minute ago, Illiria said:

How old is the child and has her father applied for citizenship? 

 

Does the child have German citizenship? Can she go live with your husbands family until the visa is processed. 

Husband is an LPR living in Arizona

[Illiria 980]

14 minutes ago, payxibka said:

Husband is an LPR living in Arizona

Yes but I imagine that the lpr might have family still in Germany that might be safer for the child to live with whilst waiting for any visa to be processed than staying with her maternal family.