Minor Child Following-To-Join Parent Already In the US

[Pinkrlion 2,724]

16 hours ago, ItsSunny2Day said:

Hello Geowrian,

 

I thought the FTJ applies here, as derivaties are the minor children who automatically gain the benefit of immigrating, because of their mom, marrying a US Citizen?
 

Both step children are under 21. At the time of our marriage, where 9 and 13 years of age. Now they are 11 and 15.

 

When I submitted the one I-130 in 2018, I entered/disclosed the names(s) of both minor children. At the time, one minor child was living with dad, and the other minor child was with mom. When I filed the I-864 Affidavit of Support, I only listed mom and one minor step child, as they were with me in Mexico at the time.

 

Regards,

Sunny

Follow to Join has to be completed within one year after GC issued, so even if you qualified, it is too late.  

[HRQX 4,145]

2 hours ago, ItsSunny2Day said:

but based on what I am reading from the link, I am disagreeing with you.

What you quoted is a very limited description of K-4. That's why it said: "For more information, see the “K3-K4 Visa” page." In that other page it says:

Quote

A child of your foreign spouse may be eligible for a K-4 visa if he or she is:

• Under 21 years of age;
• Unmarried; and
• The child of the K-3 visa applicant you filed for.

Your wife entered with CR-1, not K-3. Thus why K-4 is impossible for your stepchild. Also, K-4 is a very rare visa. A K-4 hasn't been issued since September 2017:

• https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXVI-B.pdf
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/SEPTEMBER 2017 - NIV Issuances by Post and Visa Class.pdf

Edited June 7, 2020 by HRQX

[ItsSunny2Day 17]

10 minutes ago, HRQX said:

What you quoted is a very limited description of K-4. That's why it said: "For more information, see the “K3-K4 Visa” page." In that other page it says:

Your wife entered with CR-1, not K-3. Thus why K-4 is impossible for your stepchild. Also, K-4 is a very rare visa. A K-4 hasn't been issued since September 2017:

• https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXVI-B.pdf
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/SEPTEMBER 2017 - NIV Issuances by Post and Visa Class.pdf

Thank you very much for highlighting this important fact. I don't know how I missed that yesterday when looking at the page.

Edited June 7, 2020 by ItsSunny2Day

[geowrian 22,337]

4 hours ago, ItsSunny2Day said:

I understand what you wrote me, but based on what I am reading from the link, I am disagreeing with you. Take a look at the entire page. 

How is it that I would not qualify to follow this path? I am a US Citizen, my foreign wife is the Permanent Resident. We are both living in the United States.

There is one unmarried minor child (my step child by marriage, and her blood child) we are looking to bring to the US. 

Seems like HRQX beat me to the punch...read the details on the K-3/K-4 page. Your wife was not issued a K-3, and a K-4 is a derivative of a K-3. There is no K-3 possible in your case, and therefore no K-4 is possible.