The new trend of I-130 Petition approved first

[My Honey 0]

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

[pushbrk 12,883]

A K1 visa allows children up to 21 to accompany their parent as a K2 visa holder.

Althouth the same I-129F is used for K3, the step-child relationship still must be established before the child reaches the age of 18. No, the I-129F does not say "unmarried child under 21 years can accompany spouse"

I faced this question when planning to marry. Had my wife's daughter turned 18 before we could marry, we would have waited to marry until she could arrive on a K1 visa. Since the daughter was barely 17 when we were making plans, we were able to go ahead and marry as we wished.

I'm sad to be the bearer of sad news, but you will face a long journey bringing your older child. Check out the family members forum but think in terms of 5 years. Your spouse cannot petition for your child because the child is not a step-child of a USC. You must petition after you are an LPR but unlike you as a spouse, the child must wait for a visa number.

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

Edited July 13, 2007 by pushbrk

[My Honey 0]

A K1 visa allows children up to 21 to accompany their parent as a K2 visa holder.

Althouth the same I-129F is used for K3, the step-child relationship still must be established before the child reaches the age of 18. No, the I-129F does not say "unmarried child under 21 years can accompany spouse"

I faced this question when planning to marry. Had my wife's daughter turned 18 before we could marry, we would have waited to marry until she could arrive on a K1 visa. Since the daughter was barely 17 when we were making plans, we were able to go ahead and marry as we wished.

I'm sad to be the bearer of sad news, but you will face a long journey bringing your older child. Check out the family members forum but think in terms of 5 years. Your spouse cannot petition for your child because the child is not a step-child of a USC. You must petition after you are an LPR but unlike you as a spouse, the child must wait for a visa number.

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

If you read on the I-129F Petition under 1. Letter C, Who may File? You wish to have your alien spouse enter as a nonimmigrant. NOTE: Unmarried children of your finance (e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fiance (e) or spouse. But, the I-130 petition, I can not petition for my step-son because we were not married before he turned 18 years old. Very dishearting situation.

[pushbrk 12,883]

A K1 visa allows children up to 21 to accompany their parent as a K2 visa holder.

Althouth the same I-129F is used for K3, the step-child relationship still must be established before the child reaches the age of 18. No, the I-129F does not say "unmarried child under 21 years can accompany spouse"

I faced this question when planning to marry. Had my wife's daughter turned 18 before we could marry, we would have waited to marry until she could arrive on a K1 visa. Since the daughter was barely 17 when we were making plans, we were able to go ahead and marry as we wished.

I'm sad to be the bearer of sad news, but you will face a long journey bringing your older child. Check out the family members forum but think in terms of 5 years. Your spouse cannot petition for your child because the child is not a step-child of a USC. You must petition after you are an LPR but unlike you as a spouse, the child must wait for a visa number.

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

If you read on the I-129F Petition under 1. Letter C, Who may File? You wish to have your alien spouse enter as a nonimmigrant. NOTE: Unmarried children of your finance (e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fiance (e) or spouse. But, the I-130 petition, I can not petition for my step-son because we were not married before he turned 18 years old. Very dishearting situation.

Well, this is a Catch 22 situation. A K4 visa holder must have an approved I-130 to adjust status. K2 doesn't have this requirement. At best, your step-son could arrive as K4 but be out of status when his I-94 expired, with no way to adjust status. Somebody can correct me if I'm wrong, but I'm not aware of K4 visas actually being issued to a foreign spouse's who reached age 18 before the marriage.

Some of the instructions on the I-129F are just plain wrong. This may be one of them.

Edited July 13, 2007 by pushbrk

[My Honey 0]

A K1 visa allows children up to 21 to accompany their parent as a K2 visa holder.

Althouth the same I-129F is used for K3, the step-child relationship still must be established before the child reaches the age of 18. No, the I-129F does not say "unmarried child under 21 years can accompany spouse"

I faced this question when planning to marry. Had my wife's daughter turned 18 before we could marry, we would have waited to marry until she could arrive on a K1 visa. Since the daughter was barely 17 when we were making plans, we were able to go ahead and marry as we wished.

I'm sad to be the bearer of sad news, but you will face a long journey bringing your older child. Check out the family members forum but think in terms of 5 years. Your spouse cannot petition for your child because the child is not a step-child of a USC. You must petition after you are an LPR but unlike you as a spouse, the child must wait for a visa number.

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

If you read on the I-129F Petition under 1. Letter C, Who may File? You wish to have your alien spouse enter as a nonimmigrant. NOTE: Unmarried children of your finance (e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fiance (e) or spouse. But, the I-130 petition, I can not petition for my step-son because we were not married before he turned 18 years old. Very dishearting situation.

Well, this is a Catch 22 situation. A K4 visa holder must have an approved I-130 to adjust status. K2 doesn't have this requirement. At best, your step-son could arrive as K4 but be out of status when his I-94 expired, with no way to adjust status. Somebody can correct me if I'm wrong, but I'm not aware of K4 visas actually being issued to a foreign spouse's who reached age 18 before the marriage.

Some of the instructions on the I-129F are just plain wrong. This may be one of them.

Thank you for your response. This is the kind of stuff that really worries me. I was also told to protect my son if he has student Visa this will help him remain here in the U.S. I wonder if anyone has had an approval for the K4 Visa being issued to my spouse. I did list him on the I-129F but, with this new processing I do not know what to believe anymore.

Thanks,

[My Honey 0]

A K1 visa allows children up to 21 to accompany their parent as a K2 visa holder.

Althouth the same I-129F is used for K3, the step-child relationship still must be established before the child reaches the age of 18. No, the I-129F does not say "unmarried child under 21 years can accompany spouse"

I faced this question when planning to marry. Had my wife's daughter turned 18 before we could marry, we would have waited to marry until she could arrive on a K1 visa. Since the daughter was barely 17 when we were making plans, we were able to go ahead and marry as we wished.

I'm sad to be the bearer of sad news, but you will face a long journey bringing your older child. Check out the family members forum but think in terms of 5 years. Your spouse cannot petition for your child because the child is not a step-child of a USC. You must petition after you are an LPR but unlike you as a spouse, the child must wait for a visa number.

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

If you read on the I-129F Petition under 1. Letter C, Who may File? You wish to have your alien spouse enter as a nonimmigrant. NOTE: Unmarried children of your finance (e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fiance (e) or spouse. But, the I-130 petition, I can not petition for my step-son because we were not married before he turned 18 years old. Very dishearting situation.

Well, this is a Catch 22 situation. A K4 visa holder must have an approved I-130 to adjust status. K2 doesn't have this requirement. At best, your step-son could arrive as K4 but be out of status when his I-94 expired, with no way to adjust status. Somebody can correct me if I'm wrong, but I'm not aware of K4 visas actually being issued to a foreign spouse's who reached age 18 before the marriage.

Some of the instructions on the I-129F are just plain wrong. This may be one of them.

Thank you for your response. This is the kind of stuff that really worries me. I was also told to protect my son if he has student Visa this will help him remain here in the U.S. I wonder if anyone has had an approval for the K4 Visa being issued to my spouse. I did list him on the I-129F but, with this new processing I do not know what to believe anymore.

Thanks,

Also, I was reading under the USCIS Section:

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)

Background

The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Where Can I Find the Law?

The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning K-3/4 nonimmigrants and their process of applying for permanent residence status, please see INA § 214 (nonimmigrant status); and, § 204 and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214, 204, and 245.

Who is Eligible?

A person may receive a K-3 visa if :The person has concluded a valid marriage with a citizen of the United States;

The person has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Also, I understand the K-4 is only good for two years.

[pushbrk 12,883]

A K1 visa allows children up to 21 to accompany their parent as a K2 visa holder.

Althouth the same I-129F is used for K3, the step-child relationship still must be established before the child reaches the age of 18. No, the I-129F does not say "unmarried child under 21 years can accompany spouse"

I faced this question when planning to marry. Had my wife's daughter turned 18 before we could marry, we would have waited to marry until she could arrive on a K1 visa. Since the daughter was barely 17 when we were making plans, we were able to go ahead and marry as we wished.

I'm sad to be the bearer of sad news, but you will face a long journey bringing your older child. Check out the family members forum but think in terms of 5 years. Your spouse cannot petition for your child because the child is not a step-child of a USC. You must petition after you are an LPR but unlike you as a spouse, the child must wait for a visa number.

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

If you read on the I-129F Petition under 1. Letter C, Who may File? You wish to have your alien spouse enter as a nonimmigrant. NOTE: Unmarried children of your finance (e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fiance (e) or spouse. But, the I-130 petition, I can not petition for my step-son because we were not married before he turned 18 years old. Very dishearting situation.

Well, this is a Catch 22 situation. A K4 visa holder must have an approved I-130 to adjust status. K2 doesn't have this requirement. At best, your step-son could arrive as K4 but be out of status when his I-94 expired, with no way to adjust status. Somebody can correct me if I'm wrong, but I'm not aware of K4 visas actually being issued to a foreign spouse's who reached age 18 before the marriage.

Some of the instructions on the I-129F are just plain wrong. This may be one of them.

Thank you for your response. This is the kind of stuff that really worries me. I was also told to protect my son if he has student Visa this will help him remain here in the U.S. I wonder if anyone has had an approval for the K4 Visa being issued to my spouse. I did list him on the I-129F but, with this new processing I do not know what to believe anymore.

Thanks,

Also, I was reading under the USCIS Section:

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)

Background

The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Where Can I Find the Law?

The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning K-3/4 nonimmigrants and their process of applying for permanent residence status, please see INA § 214 (nonimmigrant status); and, § 204 and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214, 204, and 245.

Who is Eligible?

A person may receive a K-3 visa if :The person has concluded a valid marriage with a citizen of the United States;

The person has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Also, I understand the K-4 is only good for two years.

Yes the visa and I-94 validities are the same as K3. However, the problem comes with adjusting status. It is my understanding that to adjust status, a K4 visa holder must have an I-130 approved. If that K4 visa holder is not a legal step-child of a USC, the LPR parent must be the petitioner for the child's I-130. So, then the question becomes whether the K4 can be authorized to work and also remain legal based on having filed for status adjustment, while that status adjustment takes years.

Also the question remains as to whether as a practical matter, K4 visas are being issued to those not legal step-children of USCs. Surely there is some evidence of this out there somewhere.

[My Honey 0]

A K1 visa allows children up to 21 to accompany their parent as a K2 visa holder.

Althouth the same I-129F is used for K3, the step-child relationship still must be established before the child reaches the age of 18. No, the I-129F does not say "unmarried child under 21 years can accompany spouse"

I faced this question when planning to marry. Had my wife's daughter turned 18 before we could marry, we would have waited to marry until she could arrive on a K1 visa. Since the daughter was barely 17 when we were making plans, we were able to go ahead and marry as we wished.

I'm sad to be the bearer of sad news, but you will face a long journey bringing your older child. Check out the family members forum but think in terms of 5 years. Your spouse cannot petition for your child because the child is not a step-child of a USC. You must petition after you are an LPR but unlike you as a spouse, the child must wait for a visa number.

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

If you read on the I-129F Petition under 1. Letter C, Who may File? You wish to have your alien spouse enter as a nonimmigrant. NOTE: Unmarried children of your finance (e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fiance (e) or spouse. But, the I-130 petition, I can not petition for my step-son because we were not married before he turned 18 years old. Very dishearting situation.

Well, this is a Catch 22 situation. A K4 visa holder must have an approved I-130 to adjust status. K2 doesn't have this requirement. At best, your step-son could arrive as K4 but be out of status when his I-94 expired, with no way to adjust status. Somebody can correct me if I'm wrong, but I'm not aware of K4 visas actually being issued to a foreign spouse's who reached age 18 before the marriage.

Some of the instructions on the I-129F are just plain wrong. This may be one of them.

Thank you for your response. This is the kind of stuff that really worries me. I was also told to protect my son if he has student Visa this will help him remain here in the U.S. I wonder if anyone has had an approval for the K4 Visa being issued to my spouse. I did list him on the I-129F but, with this new processing I do not know what to believe anymore.

Thanks,

Also, I was reading under the USCIS Section:

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)

Background

The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Where Can I Find the Law?

The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning K-3/4 nonimmigrants and their process of applying for permanent residence status, please see INA § 214 (nonimmigrant status); and, § 204 and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214, 204, and 245.

Who is Eligible?

A person may receive a K-3 visa if :The person has concluded a valid marriage with a citizen of the United States;

The person has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Also, I understand the K-4 is only good for two years.

Yes the visa and I-94 validities are the same as K3. However, the problem comes with adjusting status. It is my understanding that to adjust status, a K4 visa holder must have an I-130 approved. If that K4 visa holder is not a legal step-child of a USC, the LPR parent must be the petitioner for the child's I-130. So, then the question becomes whether the K4 can be authorized to work and also remain legal based on having filed for status adjustment, while that status adjustment takes years.

Also the question remains as to whether as a practical matter, K4 visas are being issued to those not legal step-children of USCs. Surely there is some evidence of this out there somewhere.

I will continue to look. But, if you would find anything please let me know. I would appreciate any help we can get. Its overwhelming!

Thanks,

[pushbrk 12,883]

A K1 visa allows children up to 21 to accompany their parent as a K2 visa holder.

Althouth the same I-129F is used for K3, the step-child relationship still must be established before the child reaches the age of 18. No, the I-129F does not say "unmarried child under 21 years can accompany spouse"

I faced this question when planning to marry. Had my wife's daughter turned 18 before we could marry, we would have waited to marry until she could arrive on a K1 visa. Since the daughter was barely 17 when we were making plans, we were able to go ahead and marry as we wished.

I'm sad to be the bearer of sad news, but you will face a long journey bringing your older child. Check out the family members forum but think in terms of 5 years. Your spouse cannot petition for your child because the child is not a step-child of a USC. You must petition after you are an LPR but unlike you as a spouse, the child must wait for a visa number.

I do not know about everyone else but, I am a little concerned with having the I-130 Petition approved before the I-129F. We filed both petitions like everyone else and of course you can not file the I-129F until you receive the NOA for the I-130. Because of the back-log in USCIS with HB-1 Visa there was a difference of more than (1) month. Anyway, if they changed there procedure to approve the I-130 Petition first and disregard the I-129F. This is a problem. My husband and I were married after his son (which now its our son) turned 18 years old. On the I-130 Petition I could not petition for my 18 year old son because our marriage took place after his 18th Birthday. But, on the I-129F

petiton it states "unmarried child under 21 years can accompany spouse". Right now I am feeling sick in the stomach and I believe we definately need more clarification on this. I have been working with my Congressman Office but, I even think they are confused with these changes.

Here is the response I sent today to my Congressman Office:

Hello, Thank you for your response. My now I am worried. If our I-130 petition would be approved before the I-129F they will terminate the I-129F. (Which USCIS has not notified anyone of these changes.) Which our 18 year son would not accompany my husband to the U.S. If I would contact USCIS would they give me information because I am concerned. I really want to clarify this because my concerns for my son. I feel there are many gray area's with this process and I do not completely understand everything. I'm sorry, but, its confusing and I feel unsettled with this until I understand. I do appreciate you for all your help and the details you give to me. Please be patient with me.

Also, you had mentioned if our I-130 petition would be approved my husband would come as an Immigrant instead of nonimmigrant. What would be the next steps if he would come as Immigrant status? Do we still have to change status? Apply for work Visa? Please explain.

Also, we filed our I-130 Petition on April 12, 2007. We are now 92 days from filing and 65 days

from when we received the 1st NOA on May 9. 2007. The "average" time CSC is 122 days from date of filing to processing petition. Which could mean in 30 days we could have an approval. Or

if they look at the 6 month time frame this would be completed by October 2007. So, anyhow we look at this we are at least half way completed the process.

I will be waiting for your response.

Thanks very much!

Here is the Congressman Office response:

Both petitions, once approved, go to the National Visa Center (NVC). The I-130 requires 4-6 months of paper work at the NVC. The I-129F is simply logged in and sent on to the Consulate. You can take your time in responding to the NVC regarding the I-130 petition and in effect assure yourself that the I-129F will be scheduled for an interview first.

Hopefully this helps,

Well, if anyone has any other information that will help. I would greatly appreciate this. Also, if you have unmarried children over 18 years this is a problem with only proceeding with the I-130 Petition.

If you read on the I-129F Petition under 1. Letter C, Who may File? You wish to have your alien spouse enter as a nonimmigrant. NOTE: Unmarried children of your finance (e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fiance (e) or spouse. But, the I-130 petition, I can not petition for my step-son because we were not married before he turned 18 years old. Very dishearting situation.

Well, this is a Catch 22 situation. A K4 visa holder must have an approved I-130 to adjust status. K2 doesn't have this requirement. At best, your step-son could arrive as K4 but be out of status when his I-94 expired, with no way to adjust status. Somebody can correct me if I'm wrong, but I'm not aware of K4 visas actually being issued to a foreign spouse's who reached age 18 before the marriage.

Some of the instructions on the I-129F are just plain wrong. This may be one of them.

Thank you for your response. This is the kind of stuff that really worries me. I was also told to protect my son if he has student Visa this will help him remain here in the U.S. I wonder if anyone has had an approval for the K4 Visa being issued to my spouse. I did list him on the I-129F but, with this new processing I do not know what to believe anymore.

Thanks,

Also, I was reading under the USCIS Section:

How Do I Become a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classifications)

Background

The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Where Can I Find the Law?

The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning K-3/4 nonimmigrants and their process of applying for permanent residence status, please see INA § 214 (nonimmigrant status); and, § 204 and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a K-3/4, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214, 204, and 245.

Who is Eligible?

A person may receive a K-3 visa if :The person has concluded a valid marriage with a citizen of the United States;

The person has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Also, I understand the K-4 is only good for two years.

Yes the visa and I-94 validities are the same as K3. However, the problem comes with adjusting status. It is my understanding that to adjust status, a K4 visa holder must have an I-130 approved. If that K4 visa holder is not a legal step-child of a USC, the LPR parent must be the petitioner for the child's I-130. So, then the question becomes whether the K4 can be authorized to work and also remain legal based on having filed for status adjustment, while that status adjustment takes years.

Also the question remains as to whether as a practical matter, K4 visas are being issued to those not legal step-children of USCs. Surely there is some evidence of this out there somewhere.

I will continue to look. But, if you would find anything please let me know. I would appreciate any help we can get. Its overwhelming!

Thanks,

From DOS website.

16Q: How does a K-4 child adjust status in the United States?

A: The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

It seems I've seen some discussion on this elsewhere. Accruing unlawful status is not necessarily a really bad thing as long as something status change is pending. This starts getting pretty gray and the above doesn't address the age issue at all.

[pushbrk 12,883]

From DOS website.

16Q: How does a K-4 child adjust status in the United States?

A: The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

It seems I've seen some discussion on this elsewhere. Accruing unlawful status is not necessarily a really bad thing as long as something status change is pending. This starts getting pretty gray and the above doesn't address the age issue at all.

Here's more of what I was looking for.

How can my K-3 or K-4 status be terminated?

These visas are no longer valid 30 days after one of the following:

1) Denial of the I-130.

2) Denial of Adjustment of Status.

3) A final divorce of the marriage.

4) A K-4 nonimmigrant turning 21 years old or marrying.

5) Approval of permanent residence for the K-3, thus terminating the derivative K-4 status.

6) The expiration of two years without a request for an extension of stay.

So, if the son turns 21 before adjusting status, he ages out. If he marries a USC, on the other hand, his K4 isn't valid but then his wife can file the I-130 concurrent with his status adjustment.

He can work if he gets EAD before he's 21. It's just a tenuous situation. At least he can come if he wants to but may have to return.

Edited July 13, 2007 by pushbrk

[Yodrak 7]

pushbrk,

Going off on a tangent here, but - where did you get this from? It's a quote?

From the way it's written I doubt that it was written by someone with legal knowledge, certainly not by an attorney:

- the question asks, "How can ... status be terminated?" and the answer begins "These visas ....."

- item 6 is a valid answer to the question, but the way the answer begins it indicates that an approved extension of stay also extends the visa, and it does not.

The point being, if one wants a legal opinion they should get it from a lawyer - government employees are not responsible for the consequences of the misinformation they may provide.

Getting back on topic, I agree that a K4 over the age of 18 is in a pickle if the marriage of their parent to a USC occured after they turned 18.

Yodrak

Here's more of what I was looking for.

How can my K-3 or K-4 status be terminated?

These visas are no longer valid 30 days after one of the following:

1) Denial of the I-130.

2) Denial of Adjustment of Status.

3) A final divorce of the marriage.

4) A K-4 nonimmigrant turning 21 years old or marrying.

5) Approval of permanent residence for the K-3, thus terminating the derivative K-4 status.

6) The expiration of two years without a request for an extension of stay.

So, if the son turns 21 before adjusting status, he ages out. If he marries a USC, on the other hand, his K4 isn't valid but then his wife can file the I-130 concurrent with his status adjustment.

He can work if he gets EAD before he's 21. It's just a tenuous situation. At least he can come if he wants to but may have to return.

[My Honey 0]

From DOS website.

16Q: How does a K-4 child adjust status in the United States?

A: The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

It seems I've seen some discussion on this elsewhere. Accruing unlawful status is not necessarily a really bad thing as long as something status change is pending. This starts getting pretty gray and the above doesn't address the age issue at all.

Here's more of what I was looking for.

How can my K-3 or K-4 status be terminated?

These visas are no longer valid 30 days after one of the following:

1) Denial of the I-130.

2) Denial of Adjustment of Status.

3) A final divorce of the marriage.

4) A K-4 nonimmigrant turning 21 years old or marrying.

5) Approval of permanent residence for the K-3, thus terminating the derivative K-4 status.

6) The expiration of two years without a request for an extension of stay.

So, if the son turns 21 before adjusting status, he ages out. If he marries a USC, on the other hand, his K4 isn't valid but then his wife can file the I-130 concurrent with his status adjustment.

He can work if he gets EAD before he's 21. It's just a tenuous situation. At least he can come if he wants to but may have to return.

Thank you very much for this information. We will do everything possible to have legal status and I know my husband will file the I-130 Petition once he has LPR.

Thanks again!

[pushbrk 12,883]

Ok, so let me just summarize in layman's terms what you are facing for the son.

You didn't give the birth date, but I think it is safe to conclude he'll be arrive in the USA after he turns 19, meaning he'll turn 21 before he's here for two years.

A few months later, he can have EAD and work but that permission will expire with his I-94, which should be his 21st birthday. If by that time, he is not married to a USC, and has filed to adjust status based on an I-130 filed by his USC wife, he will no longer be able to work and will be acruing "unlawful presence". His father will have filed an I-130 and the son AOS papers but all that will be pending.

What is still unclear to me is other than having no permission to work, will the unlawful presence be of any consequence with AOS and I-130 pending. I don't know the answer to that. I'm also not clear whether an I-130 filed by an LPR allows a concurrent AOS filing. Some people may have some answers to this in the AOS forum or the bringing family members forum.

What I would do at this point is make an infopass appointment with USCIS to address first, that you want the I-129F and K3/K4 process to proceed regardless of the I-130 status and then also discuss these other matters with them.

Unless the I-129F is approved and sent on to NVC and the Consulate, the boy has no chance of coming at all as K4.

Another solution is to pursue acceptance to a US University and a Student visa.

[My Honey 0]

Ok, so let me just summarize in layman's terms what you are facing for the son.

You didn't give the birth date, but I think it is safe to conclude he'll be arrive in the USA after he turns 19, meaning he'll turn 21 before he's here for two years.

A few months later, he can have EAD and work but that permission will expire with his I-94, which should be his 21st birthday. If by that time, he is not married to a USC, and has filed to adjust status based on an I-130 filed by his USC wife, he will no longer be able to work and will be acruing "unlawful presence". His father will have filed an I-130 and the son AOS papers but all that will be pending.

What is still unclear to me is other than having no permission to work, will the unlawful presence be of any consequence with AOS and I-130 pending. I don't know the answer to that. I'm also not clear whether an I-130 filed by an LPR allows a concurrent AOS filing. Some people may have some answers to this in the AOS forum or the bringing family members forum.

What I would do at this point is make an infopass appointment with USCIS to address first, that you want the I-129F and K3/K4 process to proceed regardless of the I-130 status and then also discuss these other matters with them.

Unless the I-129F is approved and sent on to NVC and the Consulate, the boy has no chance of coming at all as K4.

Another solution is to pursue acceptance to a US University and a Student visa.

Yes, if the I-129F is not pursued my son will not have a chance to come to the U.S. His 18th birthday was Feb 1, 2007 and we were married March 22, 2007. We missed his 18th birthday by a little more than a month. He should be here before he turns 19 years old. ( I will at least hope for this.) This is going to be very difficult and that is good advice to make an appointment to discuss the process.

Thanks for all your help!

Kim