Citizen child, filed I-130 - expedite with K4?

[MSF 3]

My wife is US citizen and we filed I-130 to bring her daughter(under 21) to US. We go case number and application is "being processed"

 

I see information that it is possible to now file form I-129F to obtain K4 visa for the child. K4 visa maybe approved faster.

 

Looking at instruction for form I-129F I do not see any guidelines for how to properly fill it out for this use case.

 

Can someone provide more information about getting K4 visa in this case?

[Timona 4,207]

I-130 is the way to go. 

You can't use I-129F. I wonder where you're getting this misinformation from. Have a read at I-129F 

[SalishSea 17,836]

10 minutes ago, MSF said:

Looking at instruction for form I-129F I do not see any guidelines for how to properly fill it out for this use case.

Because that is not the use for that form.

[MSF 3]

Under Guides of this site in Immigration Guides there is section called "Children of US Citizens or Permanent Residents"

Under this section there is page for the procedure  -

 

On this page there is a section that states the following:

Can my child come to the United States to live while the visa petition is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

 

 

Is this is a mistake?

 

Edited September 6, 2022 by MSF

[MSF 3]

Under Guides of this site in Immigration Guides there is section called "Children of US Citizens or Permanent Residents"

Under this section there is page for the procedure  -

 

On this page there is a section that states the following:

Can my child come to the United States to live while the visa petition is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

 

 

I assume this is a mistake?

 

[Boiler 45,525]

K4 is a dependent of a K3, your wife is a USC

[MSF 3]

I spoke with immigration attorney and confirmed this as well.

[Boiler 45,525]

Confirmed what?

[MSF 3]

2 minutes ago, Boiler said:

Confirmed what?

That K4 visa is attached to K3 and can only be obtained during spouse processing.

 

I was recommended another way to go about the process but I will not be discussing it here, speak with an attorney if you have young child and have similar situation.

[Lil bear 4,217]

1 minute ago, MSF said:

That K4 visa is attached to K3 and can only be obtained during spouse processing.

 

I was recommended another way to go about the process but I will not be discussing it here, speak with an attorney if you have young child and have similar situation.

Sounds a bit in the “gray” ? 

[MSF 3]

1 minute ago, Lil bear said:

Sounds a bit in the “gray” ? 

It is completely legal but intentions matter - hence non-disclosure.

[Boiler 45,525]

ROFL

 

You do not think we have heard it all?

[MSF 3]

5 minutes ago, Boiler said:

ROFL

 

You do not think we have heard it all?

I think you are missing the point , that is ok

 

Thank you for the help

[SalishSea 17,836]

2 hours ago, MSF said:

It is completely legal but intentions matter - hence non-disclosure.

B2 ‘visit’…..AOS?

 

Really hope you’re not setting the kid up this way.

[Mike E 11,739]

12 hours ago, MSF said:

Under Guides of this site in Immigration Guides there is section called "Children of US Citizens or Permanent Residents"

Under this section there is page for the procedure  -

 

On this page there is a section that states the following:

Can my child come to the United States to live while the visa petition is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

 

 

I assume this is a mistake?

 

I was excited for a moment to learn something I didn’t know before but yes it turns out the guide is either wrong or 100 percent at adds with the I-129F instructions.