I-944 Confusion! File now Or wait for Biden's Immigration Bill?

[HRQX 4,145]

7 minutes ago, eledobleu said:

OK so after the reading the USCIS website, it still says I can apply for K4 status for a child using I-129.

The website doesn't supersede federal law. See INA 101(a)(15)(K). K-4 is only for child of K-3 visa holder. Your wife doesn't have K-3 visa.

[eledobleu 4]

3 minutes ago, aaron2020 said:

Quick Google search of "K-4 visa." 

 

http://www.kateraynor.com/en/family-based-visas/K-4.html

 

K-4 Children of K-3 visa

The K4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa.

To qualify for K-4 visa, you must be:

•  Less than 21 years old
•  The unmarried child of a K-3 applicant
•  Seeking to immigrate to the U.S.

Thanks for the quote but its not the USCIS official website or travel gov therefore I don't consider that information valid. Its possible yes but unless its directly from the USCIS website its hard to say rather its true or not. The USCIS does not mention anything about being a child of k3 applicant.

1 minute ago, HRQX said:

The website doesn't supersede federal law. See INA 101(a)(15)(K). K-4 is only for child of K-3 visa holder. Your wife doesn't have K-3 visa.

Thanks I'll look that law up I really appreciate you finding this. 

[Crazy Cat 42,306]

2 minutes ago, eledobleu said:

Thanks for the quote but its not the USCIS official website or travel gov therefore I don't consider that information valid. Its possible yes but unless its directly from the USCIS website its hard to say rather its true or not. The USCIS does not mention anything about being a child of k3 applicant.

Thanks I'll look that law up I really appreciate you finding this. 

As I posted on page 1: "A K-4  is the child of a K-3 spouse.  Your spouse will not be a K-3 visa holder.".

[eledobleu 4]

1 minute ago, Lucky Cat said:

As I posted on page 1: "A K-4  is the child of a K-3 spouse.  Your spouse will not be a K-3 visa holder.".

Thank you! For me this is a problem but my wife is accepting that we have to wait for him which we did know before deciding to stay here. But we didn't except a 12+ month wait. Wife is here on a B2 visa which we did apply for her son as well after she received hers but the appointment was canceled due to covid. 

 

I know this isnt a good idea but what do you think if we continue with her sons b2 visa (which we still have the original credit $$ to use and just need to schedule an appoint). We can return back to her country for a month while we try to ger her sons visa and they both return on B2 visas then apply for both for the AOS.

 

This probably isnt a good idea but im curious to what you all think? Or we should just apply and wait like everyone else?

[SalishSea 18,145]

1 minute ago, eledobleu said:

Thank you! For me this is a problem but my wife is accepting that we have to wait for him which we did know before deciding to stay here. But we didn't except a 12+ month wait. Wife is here on a B2 visa which we did apply for her son as well after she received hers but the appointment was canceled due to covid. 

 

I know this isnt a good idea but what do you think if we continue with her sons b2 visa (which we still have the original credit $$ to use and just need to schedule an appoint). We can return back to her country for a month while we try to ger her sons visa and they both return on B2 visas then apply for both for the AOS.

 

This probably isnt a good idea but im curious to what you all think? Or we should just apply and wait like everyone else?

Um, it's not just a "bad idea," but it is actually immigration FRAUD.  It could result in both of them earning long-term bars to entry into the US.

[Crazy Cat 42,306]

1 minute ago, eledobleu said:

know this isnt a good idea but what do you think if we continue with her sons b2 visa (which we still have the original credit $$ to use and just need to schedule an appoint). We can return back to her country for a month while we try to ger her sons visa and they both return on B2 visas then apply for both for the AOS.

Entering the US via a tourist visa with the intent to stay and adjust status is fraud.......don't do it.

[SalishSea 18,145]

If you don't want the son to wait alone while her AOS is processing, she should return home, and you can petition them both for visas.

[eledobleu 4]

2 minutes ago, Lucky Cat said:

Entering the US via a tourist visa with the intent to stay and adjust status is fraud.......don't do it.

 

2 minutes ago, Jorgedig said:

Um, it's not just a "bad idea," but it is actually immigration FRAUD.  It could result in both of them earning long-term bars to entry into the US.

Very true. Your both right and we wont do it. I we will just wait for her son to be approved. 

Just now, Jorgedig said:

If you don't want the son to wait alone while her AOS is processing, she should return home, and you can petition them both for visas.

Then I wont see them both for over a year which I dont want to do. Hes not alone so its not a problem to wait. 

Edited February 23, 2021 by eledobleu

[aaron2020 11,651]

5 minutes ago, eledobleu said:

Thank you! For me this is a problem but my wife is accepting that we have to wait for him which we did know before deciding to stay here. But we didn't except a 12+ month wait. Wife is here on a B2 visa which we did apply for her son as well after she received hers but the appointment was canceled due to covid. 

 

I know this isnt a good idea but what do you think if we continue with her sons b2 visa (which we still have the original credit $$ to use and just need to schedule an appoint). We can return back to her country for a month while we try to ger her sons visa and they both return on B2 visas then apply for both for the AOS.

 

This probably isnt a good idea but im curious to what you all think? Or we should just apply and wait like everyone else?

The is the definition of visa fraud.  Entering the US on non-immigrant visas with the intent to immigrate.  Yes, you should apply and wait like everyone else.

 

[aaron2020 11,651]

15 minutes ago, eledobleu said:

Thanks for the quote but its not the USCIS official website or travel gov therefore I don't consider that information valid. Its possible yes but unless its directly from the USCIS website its hard to say rather its true or not. The USCIS does not mention anything about being a child of k3 applicant.

Thanks I'll look that law up I really appreciate you finding this. 

Oh brother.  You don't consider this information valid.  Good luck.

[eledobleu 4]

3 minutes ago, aaron2020 said:

Oh brother.  You don't consider this information valid.  Good luck.

 

I check the laws they posted and yes it states this is true in the federal law 101(a)(15)(K)(iii). 

 

We will probably apply for the I-131 for her to return to her country for visitations while everything is pending.

 

THANKS EVERYONE FOR THE HELP AND ADIVSE!

Edited February 23, 2021 by eledobleu

[aaron2020 11,651]

6 minutes ago, eledobleu said:

 

Very true. Your both right and we wont do it. I we will just wait for her son to be approved. 

Then I wont see them both for over a year which I dont want to do. 

Separation is part of immigrating to the US.  No one wants to do it.  We've all done it.  We survived.  This is where you have to consider sacrificing a year in consideration of a lifetime together.   

 

If she AOS, she will not see her son for at least 6-8 months until she gets her AP.  It will take him 12-18 months to get an immigration visa.  

The choice has to be hers.  Stay with you or stay with her son.  

Just now, eledobleu said:

 

 

 

We will probably apply for the I-131 for her to return to her country for visitations while everything is pending.

That's AP.  It will take 6-8 months to get after you file for it.  

[HRQX 4,145]

3 minutes ago, eledobleu said:

We can return back to her country for a month while we try to ger her sons visa and they both return on B2 visas then apply for both for the AOS.

They'll essentially be asking for entry refusal at the POE. See INA 214(b) and INA 212(a)(7)(A)(i)(I). The latter means they would be determined to be inadmissible for being intending immigrants without a visa that permits immigrant intent.

16 minutes ago, HRQX said:

K-4 is only for child of K-3 visa holder.

Also the K-4 is very very rare. In the last 12 months (March 2020 to February 2021) ZERO K-4 visas were issued in the whole world. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

[eledobleu 4]

1 minute ago, aaron2020 said:

Separation is part of immigrating to the US.  No one wants to do it.  We've all done it.  We survived.  This is where you have to consider sacrificing a year in consideration of a lifetime together.   

 

If she AOS, she will not see her son for at least 6-8 months until she gets her AP.  It will take him 12-18 months to get an immigration visa.  

The choice has to be hers.  Stay with you or stay with her son.  

Yes but the I-131 will allow her to visit her country if approved so it wont be too bad actually!

[Crazy Cat 42,306]

1 minute ago, eledobleu said:

Yes but the I-131 will allow her to visit her country if approved so it wont be too bad actually!

Another option is to start the CR-1/CR-2 process.  They would be together in her country until both visas were issued.