Can I apply for my step-child when my wife is already at the interview stage w/ appointment scheduled?

[daveycrocket9000 0]

My wife has recently gotten her appointment scheduled, her daughter was planning to stay and live with her biological dad for a while and didn't want to leave her friends yet. Anyway things have changed it seems as the biological father's family is jealous or something, but my question is can I apply now for a K-4 for my step-child?

 

My wife is at the interview stage so she is not a K-3 visa, can I still file for my step-child to come now? Using the I-129F?

 

Any info one the best way to handle it at this stage would be great! Thanks!

Edited December 18, 2023 by daveycrocket9000

[Ontarkie 14,302]

~~MOved to IR1/CR1 P&P - as the OP is asking about starting and IR2 or CR2~~

 

 

Has your wife received the interview date yet? 

 

File for the child asap. Once it is received you can ask if they can match it up to moms file. You're not asking for a expedite but asking if they can connect the two so they can interview together. This is usually best while the case is still at NVC but it may still work. 

Edited December 18, 2023 by Ontarkie

[IWander 589]

1 hour ago, daveycrocket9000 said:

My wife has recently gotten her appointment scheduled, her daughter was planning to stay and live with her biological dad for a while and didn't want to leave her friends yet. Anyway things have changed it seems as the biological father's family is jealous or something, but my question is can I apply now for a K-4 for my step-child?

 

My wife is at the interview stage so she is not a K-3 visa, can I still file for my step-child to come now? Using the I-129F?

 

Any info one the best way to handle it at this stage would be great! Thanks!

How old is the step child?

 

If your wife is not a k3 then K4 is not possible 

[Boiler 45,719]

You need to file another I 130 asap.

 

 

[pushbrk 12,989]

21 minutes ago, Boiler said:

You need to file another I 130 asap.

 

 

This is the answer, but don't expect the two to come together.  The step child's case is likely to be 18 months plus, from the time you file the I-130 until visa.  This requires the marriage took place before the child's 18th birthday.

 

K visas for spouse or stepchildren have been all but obsolete since 2010.  That's not an option at all now.

 

[Crazy Cat 41,982]

I would wait and ask the consulate to accept the child's I-130 at wife's interview.  They have the discretion to accept the case.  The only other option (which the consulate might tell you) is to file the I-130 with USCIS ASAP and ask for an expedite.  

Edited December 18, 2023 by Crazy Cat

[pushbrk 12,989]

8 hours ago, Crazy Cat said:

I would wait and ask the consulate to accept the child's I-130 at wife's interview.  They have the discretion to accept the case.  The only other option (which the consulate might tell you) is to file the I-130 with USCIS ASAP and ask for an expedite.  

Asking the Consulate to accept, MIGHT work, and an expedite might be granted too, but even an expedite will not get the child a visa before the mother's expires.  There's also the option to delay the Mother's interview, if it is critical they travel together.  Otherwise the child eventually travels alone or one of you goes back to get them.

 

Edited December 18, 2023 by pushbrk

[daveycrocket9000 0]

On 12/17/2023 at 7:00 PM, Ontarkie said:

 

Has your wife received the interview date yet? 

 

Hey thanks, yeah she is scheduled in about a mouth at the consulate. Sorry I should have said file the I-130 and then asking about if the I-129F was possible. 

[Boiler 45,719]

No I 295F

[daveycrocket9000 0]

23 hours ago, IWander said:

How old is the step child?

 

If your wife is not a k3 then K4 is not possible 

 

My step child is 12 years old.

 

22 hours ago, Boiler said:

You need to file another I 130 asap.

 

 

Sorry I meant to say file the I-130 and then asking if I can do the I-129F to get a K-4

22 hours ago, pushbrk said:

This is the answer, but don't expect the two to come together.  The step child's case is likely to be 18 months plus, from the time you file the I-130 until visa.  This requires the marriage took place before the child's 18th birthday.

 

K visas for spouse or stepchildren have been all but obsolete since 2010.  That's not an option at all now.

 

Hey thanks! I know you know what you're talking about but this USCIS page is what is confusing me.  Under the "Can my child come to the United States to live while the visa petition is pending?" it says:
 

Quote

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.

https://www.uscis.gov/family/bring-children-to-live-in-the-US

 

But there is no mention of my wife needing a K-3 visa, it just says after filing the I-130?

 

13 hours ago, Crazy Cat said:

I would wait and ask the consulate to accept the child's I-130 at wife's interview.  They have the discretion to accept the case.  The only other option (which the consulate might tell you) is to file the I-130 with USCIS ASAP and ask for an expedite.  

 Hey thanks a lot! 

Edited December 19, 2023 by daveycrocket9000

[Boiler 45,719]

No just the I 130, forget the K4.

[daveycrocket9000 0]

Just now, Boiler said:

No just the I 130, forget the K4.

 Okay, I assume you guys are all aware of the USCIS page I quoted above saying file the I129F after the I-130 to get a K4. Is the reason to forget the K4 about the processing times being the same and it's just not relevant to do?

[Boiler 45,719]

1 minute ago, daveycrocket9000 said:

 Okay, I assume you guys are all aware of the USCIS page I quoted above saying file the I129F after the I-130 to get a K4. Is the reason to forget the K4 about the processing times being the same and it's just not relevant to do?

No

K4 is a K3 derivative and the number of K3's issued every year can be counted on one hand. And you are not going down the K route.

[pushbrk 12,989]

Remember that USCIS does not issue visas.  It's actually a change in procedure by the Dept. of State's National Visa Center, back in 2010 that effectively killed the K3 and K4.  Later USCIS procedure and policy changes, just kill it a little earlier, before it ever gets to State Dept.  Irrelevant to this case, even when those visas WERE available, as the spouse's I-130 is already at the Consulate stage.

[powerpuff 6,744]

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