Plz HELP!Has any one else applied for a I130 for husband or wife and then added step children on the K4 only, (we were recommended to just add the children on the K3/K4 and told by our lawyer and USCIS agent that we didn’t need need a I130 for each child.

[Jessicaangel7 0]

Has any one else applied for a I130 for husband or wife and then added step children on the K4 only, (we were recommended to just add the children on the K3/K4 and told by our lawyer and USCIS agent that we didn’t need need a I130 for each child. We were truly hoping our K3/K4 would be approved because we were also told those are usually approved before and instead of the I130. So we were trusting that our children could come with my husband. (all the children have is me and my husband) they are out of the country is Uganda with my husband and I’m in the U.S and i am a U.S citizen but i visit them regularly and i help provide for them and love them like a biological mother would, they are the children I was given in life & I hope to adopt them one day. Anyways  the problem is we received a approved I130, they closed our K3/K4 

 

so we want to know since we only had them on our K4 as advised and we didn’t include them in our I130 does that mean they cannot come with my husband and if that is true what can we do about it. Can we apeal? How can we get them to give us the K3 instead of the I130 because if we now file another I130 that will mean another year away from my husband and the Boys. I’m waiting to hear back from my lawyer but the wait is killing me!’ Please help! 

 

Edited March 2, 2018 by Jessicaangel7
Editing

[JFH 12,191]

Unfortunately you were given very bad advice by the lawyer. Whilst it is true that you don't need an I-130 for each child if you are pursuing the K-3/K-4 route, statistically you have very little chance of this actually happening. As you have discovered, if USCIS approves the I-130 for the spouse BEFORE the I-129F then the K-3/K-4 route is permanent closed. There is no way now to get a K-3. USCIS almost always approves the I-130 first - take a look at how many K-3 visas are issued each year compared to how many CR-1/IR-1 visas are issued each year. 

 

You have no option now other than to file I-130s for each child and pay the relevant fees. You could ask USCIS for an expedite based on the approved petition of their father, but there is no guarantee that this will be granted. 

 

I assume you have permission from their birth mother to remove them from their homeland? 

[JFH 12,191]

*~*~*moved from "adjustment of status from K visas" to "bringing family members of USCs" as the children will need to have IR-2 visas*~*~*

[NigeriaorBust 4,087]

  The other thing you can do is slow his petition down while you wait for the kids to catch up.   Others will speak up on exactly what can be done by paying fees late , and submitting docs slowly.