K4 visa while waiting for I130 or USCIS expedite

[Lauriane_C 10]

Hi all !

Because of personnal reasons, we had to apply for my daughter (i-130 for a child under 18) way after mine (IR1).

And now we would like her case to join mine at the NVC stage. What could we do ? 

Do you think a request for expedite would work ? 

I also saw that I could file for a K4 visa but I don't understand how it would work as this visa is link to the K3 visa and I don't need a K3 visa.

 

Thank you for your precious help !

[Boiler 45,693]

You just take your time with your case and allow hers to catch up.

[Mike E 11,741]

Have you filed DS-260 for your IR-1 case?

[Redro 4,611]

3 hours ago, Lauriane_C said:

Hi all !

Because of personnal reasons, we had to apply for my daughter (i-130 for a child under 18) way after mine (IR1).

And now we would like her case to join mine at the NVC stage. What could we do ? 

Do you think a request for expedite would work ? 

I also saw that I could file for a K4 visa but I don't understand how it would work as this visa is link to the K3 visa and I don't need a K3 visa.

 

Thank you for your precious help !

Delay your case at NVC. 

You probably won't be able to expedite as you were the one's who delayed the case not USCIS. 

K4s really aren't a thing anymore. So. you'll need to wait for them to approve the I-130. 

 

ETA: It looks like you've already submitted the DS260 and I-864. You'll probably want to hope for an RFE at NVC stage. Then do not submit the documents they request until your daughter's case reaches NVC. When did you file her I-130? 

 

Edited July 19, 2022 by ROK2USA

[Lauriane_C 10]

33 minutes ago, ROK2USA said:

Delay your case at NVC. 

You probably won't be able to expedite as you were the one's who delayed the case not USCIS. 

K4s really aren't a thing anymore. So. you'll need to wait for them to approve the I-130. 

 

ETA: It looks like you've already submitted the DS260 and I-864. You'll probably want to hope for an RFE at NVC stage. Then do not submit the documents they request until your daughter's case reaches NVC. When did you file her I-130? 

 

Yes I already filed everything at the NVC. I'm waiting for their approval (or RFE).

I filed at the beginning of March. 

 

The thing is that she will join me at the end of the school year 2023. and with the new processing times, I'm afraid we won't make it on time.

Do you think I could apply for an adjustment of status for her next year ?

[Mike E 11,741]

23 minutes ago, Lauriane_C said:

.

Do you think I could apply for an adjustment of status for her next year ?

Legally she cannot enter the USA on a single intent non immigrant status with the intent to adjust status to an LPR. 

If she is under 21, there is little chance she would get a single intent non immigrant visa or be admitted under that status. 
 

K-4 is pretty much dead so I would not bother with trying for that. 
 

Sounds like you have filed your DS-260. Thus you should contact the consulate or embassy to attempt delay scheduling an interview until your  daughter’s case is ready to schedule an interview.  
 

And yes try to expedite her case. 
 

Edited July 19, 2022 by Mike E

[Crazy Cat 41,982]

24 minutes ago, Lauriane_C said:

Do you think I could apply for an adjustment of status for her next year ?

That isn't how it works.  Since you didn't delay your case by delaying submission of documents, the only thing you can do is to contact USCIS to expedite her case and contact NVC and the consulate to delay your case.  

Edited July 19, 2022 by Crazy Cat

[Lauriane_C 10]

Thank you all !

 

I'll try to expedite her case at the USCIS.

[pushbrk 12,979]

46 minutes ago, Lauriane_C said:

Thank you all !

 

I'll try to expedite her case at the USCIS.

Do both.  Delay the spouse interview and TRY to expedite her case.  Not likely to happen but trying won't hurt anything.

[Redro 4,611]

2 hours ago, Lauriane_C said:

Yes I already filed everything at the NVC. I'm waiting for their approval (or RFE).

I filed at the beginning of March. 

 

The thing is that she will join me at the end of the school year 2023. and with the new processing times, I'm afraid we won't make it on time.

Do you think I could apply for an adjustment of status for her next year ?

I'm confused. 

When do you want to move to the US? 

When do you want your daughter to move to the US?

 

[Lauriane_C 10]

16 minutes ago, ROK2USA said:

I'm confused. 

When do you want to move to the US? 

When do you want your daughter to move to the US?

 

It's ok, I wasn't very clear.

 

I'll move to the US at the beginning of January 2023 if everything is ok for my visa.

My daughter will move to the US at the end of her 2023 school year.

 

I wanted her visa to catch up mine for several reasons :

- if she wants to immigrate earlier because she'll miss me too much and doesn't want to stay with her father any longer

- with USCIS changing their processing times, I'm afraid it would take way too long for her to get her visa and she won't be able to immigrate during summer 2023 at the latest...

[Redro 4,611]

Just now, Lauriane_C said:

It's ok, I wasn't very clear.

 

I'll move to the US at the beginning of January 2023 if everything is ok for my visa.

My daughter will move to the US at the end of her 2023 school year.

 

I wanted her visa to catch up mine for several reasons :

- if she wants to immigrate earlier because she'll miss me too much and doesn't want to stay with her father any longer

- with USCIS changing their processing times, I'm afraid it would take way too long for her to get her visa and she won't be able to immigrate during summer 2023 at the latest...

Okay! Hopefully expediting the case at USCIS will work. 

If you are scheduled for an interview you should cancel it. And then reschedule the interview for later. 

Once you receive the I-130 NOA2 for your daughter you should request an expedite at the NVC stage, too.

Hopefully you will not receive a conditional expedite and your daughter's case will be sent straight to the consulate without having her documents reviewed at NVC.

Good luck! 

Remember: Once your daughter receives her visa she has 6 months from her medical to move to the US.

She can also activate her visa by traveling to the US and then returning to France to complete the school year if she chooses that path.  

 

[Lauriane_C 10]

3 minutes ago, ROK2USA said:

Okay! Hopefully expediting the case at USCIS will work. 

If you are scheduled for an interview you should cancel it. And then reschedule the interview for later. 

Once you receive the I-130 NOA2 for your daughter you should request an expedite at the NVC stage, too.

Hopefully you will not receive a conditional expedite and your daughter's case will be sent straight to the consulate without having her documents reviewed at NVC.

Good luck! 

Remember: Once your daughter receives her visa she has 6 months from her medical to move to the US.

She can also activate her visa by traveling to the US and then returning to France to complete the school year if she chooses that path.  

 

Thank you very much,

 

I'll try to expedite. I hope it will work

Thank you  very much for your advice

 

(and yes, I know she has 6 months to enter the US but if we are short in time, she will travel and come back to France)