I-130 for Husband but which step for kids (split & merged)

[pushbrk 12,870]

8 hours ago, Stephie C said:

Thank you once again for your help and advice. Do you think is worth filing and I-129F for my husband and listing the kids on it? My hope in doing this would be to speed up the whole family getting over there to meet my husband’s work commitments. I haven’t do this yet as on the US gov. Website it states that a it is for children who have ‘no claim to citizenship’ as the kids will become citizens when they reside in the US with me I was unsure if they were eligible. Am I correct in my understanding? Thanks very much. 

Worst that would happen by filing the I-129f now would be the husband's case gets ahead of the children.  You would then be faced with proceeding with the husband's case ahead of the children or holding the husband's case at NVC for the children's to catch up.

[Stephie C 8]

8 hours ago, pushbrk said:

Worst that would happen by filing the I-129f now would be the husband's case gets ahead of the children.  You would then be faced with proceeding with the husband's case ahead of the children or holding the husband's case at NVC for the children's to catch up.

Thanks for your advice, separating the family is what we are trying to avoid. Are the kids not eligible for a K4 visa, they are all my biological children? Thanks

[Boiler 45,449]

9 hours ago, Stephie C said:

Thanks for your advice, separating the family is what we are trying to avoid. Are the kids not eligible for a K4 visa, they are all my biological children? Thanks

K4 depends on a K3 and only a few are issued every year.

[pushbrk 12,870]

16 hours ago, Stephie C said:

Thanks for your advice, separating the family is what we are trying to avoid. Are the kids not eligible for a K4 visa, they are all my biological children? Thanks

New can of worms here.  Are you biological children not entitled to US Citizenship through you through Consular Report of Birth Abroad?  If they are, then that's what you do, not a visa.  If they are not, then you definitely must get them IR2 visas.  The difference between them and your husband would be, he gets a green card and the children just apply for US Passports after arrival.

[Stephie C 8]

On 3/10/2023 at 11:07 PM, pushbrk said:

New can of worms here.  Are you biological children not entitled to US Citizenship through you through Consular Report of Birth Abroad?  If they are, then that's what you do, not a visa.  If they are not, then you definitely must get them IR2 visas.  The difference between them and your husband would be, he gets a green card and the children just apply for US Passports after arrival.

Unfortunately they are not, I got my citizenship through my mother and we have always been in the Uk. I will definitely be applying for the IR2 for the kids as dual nationality for them is one of our main reasons for moving. I thought we could get K3/k4 initially so that we could all move quicker and hopefully at the same time, then if if any of the i-130’s are approved before the k visas are issued the I-130 would cancel them out and if not we could do an adjustment of status once they are approved. Is this correct? Thanks so much for your help. 

[Boiler 45,449]

6 minutes ago, Stephie C said:

Unfortunately they are not, I got my citizenship through my mother and we have always been in the Uk. I will definitely be applying for the IR2 for the kids as dual nationality for them is one of our main reasons for moving. I thought we could get K3/k4 initially so that we could all move quicker and hopefully at the same time, then if if any of the i-130’s are approved before the k visas are issued the I-130 would cancel them out and if not we could do an adjustment of status once they are approved. Is this correct? Thanks so much for your help. 

No

 

If a K3 is issued, I think less than 10 a year and not sure why those were issued, then the time between an IR and a K is minimal.

 

Some people file a K3 on the basis that it speeds up the IR, now some years ago it did appear that may have happened. 

 

[pushbrk 12,870]

3 hours ago, Stephie C said:

Unfortunately they are not, I got my citizenship through my mother and we have always been in the Uk. I will definitely be applying for the IR2 for the kids as dual nationality for them is one of our main reasons for moving. I thought we could get K3/k4 initially so that we could all move quicker and hopefully at the same time, then if if any of the i-130’s are approved before the k visas are issued the I-130 would cancel them out and if not we could do an adjustment of status once they are approved. Is this correct? Thanks so much for your help. 

It reality, the K3/K4 visas have been non-existent since February, 2010.  They are still on the books but procedure changes in late 2006, and another in 2010 rendered them useless.

[Stephie C 8]

On 3/12/2023 at 7:12 PM, Boiler said:

No

 

If a K3 is issued, I think less than 10 a year and not sure why those were issued, then the time between an IR and a K is minimal.

 

Some people file a K3 on the basis that it speeds up the IR, now some years ago it did appear that may have happened. 

 

Ok, thanks for the info, I was just investigating every possible option to try to get us over there ASAP as my husband’s salary will increase substantially once over there.