Guide to Bringing a Child, Son or Daughter to Live in the United States says stand-alone K-4 is possible

[Mike E 11,739]

 

 

says: 

 

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
 

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This is not correct per K3-K4 visa the to which the guide links:

 

“If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fiancé(e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130.”

 

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Finally https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf says,

 

” 

Use this petition to classify:
USCIS
Form I-129F
OMB No. 1615-0001 Expires 03/31/2024
        1. Your alien fiancé(e) as a K-1 nonimmigrant so that he or she may enter the United States to marry you and pursue adjustment of status to lawful permanent resident; or
2. Your alien spouse as a K-3 nonimmigrant, so that he or she may enter the United States to await the availability of an immigrant visa and pursue adjustment of status to lawful permanent resident.
NOTE: A child (unmarried and under 21 years of age) of a K-1 or K-3 nonimmigrant may apply for a nonimmigrant visa to accompany or follow-to-join the K-1 or K-3 parent. You do not need to file a separate petition to classify the child as a K nonimmigrant. Children of K-1s are classified as K-2 nonimmigrants, and children of K-3s are classified as K-4 nonimmigrants.“

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While there might be something in INA that says what the guide says is true, USCIS doesn’t seem to agree. I suggest the text I quoted fro the guide be deleted entirely.