K3 for my husband K? for my step daughter

[Heartland 0]

We filed to bring my husband from Jordan here and his 2 yr old daughter here. I have received his NOA 2 for both the I130 and the I129f (April 15th 2007). But NOTHING at all for her. If he is approved, they do approve her at the same time as she is tiny? Her mom abandoned them both and lives in another country.

Is the time difference normal? I would die if he had to leave her behind... I dont think he could. I dont know...

Any thoughts?

[YuAndDan 153]

I believe the K-4 is processed as part of the K-3, and you will only get NOA1 and NOA2 just for the K-3 case.

[pushbrk 12,883]

I believe the K-4 is processed as part of the K-3, and you will only get NOA1 and NOA2 just for the K-3 case.

That is correct. Did you file two I-130's? You'll eventually need one for the child as well. Approval before arrival as a K4 will expedite adjusting status.

[island_princess 2]

No worries If you intend to pursue K-3 and K-4 all the way. You can submit her daughter's I-130 only after they'll arrive in the USA (in case you haven't yet). As long as the daughter's name is included in the I-129F petition, she is eligible to get K-4 visa. Even if her name wasn't there, as long as, your husband can prove his paternity with the kid, no problem.

But if you have sent the daughter's I-130 (same time as the husband), you need to check with USCIS about her NOA1. Their petitions are considered as separate petitions even if the daughter is getting a derivative visa only.

Good luck!

We filed to bring my husband from Jordan here and his 2 yr old daughter here. I have received his NOA 2 for both the I130 and the I129f (April 15th 2007). But NOTHING at all for her. If he is approved, they do approve her at the same time as she is tiny? Her mom abandoned them both and lives in another country.

Is the time difference normal? I would die if he had to leave her behind... I dont think he could. I dont know...

Any thoughts?

[pushbrk 12,883]

No worries If you intend to pursue K-3 and K-4 all the way. You can submit her daughter's I-130 only after they'll arrive in the USA (in case you haven't yet). As long as the daughter's name is included in the I-129F petition, she is eligible to get K-4 visa. Even if her name wasn't there, as long as, your husband can prove his paternity with the kid, no problem.

But if you have sent the daughter's I-130 (same time as the husband), you need to check with USCIS about her NOA1. Their petitions are considered as separate petitions even if the daughter is getting a derivative visa only.

Good luck!

We filed to bring my husband from Jordan here and his 2 yr old daughter here. I have received his NOA 2 for both the I130 and the I129f (April 15th 2007). But NOTHING at all for her. If he is approved, they do approve her at the same time as she is tiny? Her mom abandoned them both and lives in another country.

Is the time difference normal? I would die if he had to leave her behind... I dont think he could. I dont know...

Any thoughts?

It is correct that if your husband comes to the US on a K3 visa, all you need for your daughter to have the opportunity to apply for a K4 derivative visa is to name her as a child on the I-129F. Your husband will then recieve the papers for her as well as himself, from the Embassy or Consulate. The CR2 is not derivative.

The daughter's I-130 CAN be delayed until after arrival in the US but this will delay the adjustment of status process by the amount of time it takes to get her I-130 approved. For a two year old, this might not make much difference unless you wish to travel internationally. You make the value judgment. The delay can also cause your husband's green card to be delayed under some circumstances. Unless you have a compelling reason to wait. I'd go ahead and file an I-130 for the daughter soon enough to have it approved before arrival.

[Yodrak 7]

pushbrk,

No, there won't necessarily be delay. If the I-130 and I-485 for the child are submitted with the I-485 for the parent they will be kept together and will be processed together. At least that's the way it was done in my case.

If I were doing it again today I would submit the child's I-130 along with the parent's I-130. Or, having failed to do that for some reason, I would wait to submit the child's I-130 with the I-485s. I would want to be submitting as things together as much as possible rather then separately.

Yodrak

No worries If you intend to pursue K-3 and K-4 all the way. You can submit her daughter's I-130 only after they'll arrive in the USA (in case you haven't yet). As long as the daughter's name is included in the I-129F petition, she is eligible to get K-4 visa. Even if her name wasn't there, as long as, your husband can prove his paternity with the kid, no problem.

.....

We filed to bring my husband from Jordan here and his 2 yr old daughter here. I have received his NOA 2 for both the I130 and the I129f (April 15th 2007). But NOTHING at all for her. If he is approved, they do approve her at the same time as she is tiny? Her mom abandoned them both and lives in another country.

.....

.....

The daughter's I-130 CAN be delayed until after arrival in the US but this will delay the adjustment of status process by the amount of time it takes to get her I-130 approved. ..... The delay can also cause your husband's green card to be delayed under some circumstances. Unless you have a compelling reason to wait. I'd go ahead and file an I-130 for the daughter soon enough to have it approved before arrival.

Edited May 6, 2007 by Yodrak

[pushbrk 12,883]

Yodrak,

When used and understood properly, the English language can be precise and beautiful thing. There is no need to interpret "can cause...under some circumstances..." to contradict "not necessarily". The former allows for multiple possibilities.

If the OP's husband is in a hurry for a green card, it is likely he'll get it faster if his daughter's I-130 is already approved when he attempts to adjust status for them both. Unless there are compelling reasons to delay filing the I-130 for the daughter it is adviseable to do so at the same time as the husband. If not, then sooner is LIKELY TO BE better. Must I add that "likely to be" carries a different meaning than "will be"? Get a grip.

In my own case, I filed the I-130's together and they were approved together but we've decided to delay filing AOS for a couple reasons. Instead, we've filed completely separately for EAD for my wife and step-daughter. (The daughter filing was two months after wife received EAD and SSN.) Such value judgments are more easily made when the options and potential results are well understood. My personal preference is to leave as many options open as is practical. Others have different priorities.

pushbrk,

No, there won't necessarily be delay. If the I-130 and I-485 for the child are submitted with the I-485 for the parent they will be kept together and will be processed together. At least that's the way it was done in my case.

If I were doing it again today I would submit the child's I-130 along with the parent's I-130. Or, having failed to do that for some reason, I would wait to submit the child's I-130 with the I-485s. I would want to be submitting as things together as much as possible rather then separately.

Yodrak

No worries If you intend to pursue K-3 and K-4 all the way. You can submit her daughter's I-130 only after they'll arrive in the USA (in case you haven't yet). As long as the daughter's name is included in the I-129F petition, she is eligible to get K-4 visa. Even if her name wasn't there, as long as, your husband can prove his paternity with the kid, no problem.

.....

We filed to bring my husband from Jordan here and his 2 yr old daughter here. I have received his NOA 2 for both the I130 and the I129f (April 15th 2007). But NOTHING at all for her. If he is approved, they do approve her at the same time as she is tiny? Her mom abandoned them both and lives in another country.

.....

.....

The daughter's I-130 CAN be delayed until after arrival in the US but this will delay the adjustment of status process by the amount of time it takes to get her I-130 approved. ..... The delay can also cause your husband's green card to be delayed under some circumstances. Unless you have a compelling reason to wait. I'd go ahead and file an I-130 for the daughter soon enough to have it approved before arrival.

Edited May 6, 2007 by pushbrk