frank1538

Hearty Congratulations!

Congratulations, you're almost at the end of the journey. Good luck.

I have one word....Money

Enjoy yourself of course. B) The green card should arrive soon. You might want to go after her SS card and driver's license, enroll her in ESL classes if warranted, and otherwise integrate her with life in America (credit card, joint accounts, etc.). No AOS is required, but you might want to mark your calendar for 1 year and 9 months out to file for removal of conditions on her CR-1. EAD is not required. A reentry permit is not required for travel outside of the US unless she is planning an extensive trip. Oh, and one last thing. Prepare yourself for a lot of changes.

Okay, who's greasing your wheels? Things are moving pretty quickly for you. Hope it continues. Best of luck.

Sounds like you're armed for bear. Grrrrrrrrrr. Good luck.

Sounds like you're off to a good start. Just imagine seeing "our" world through her eyes and you just might get a sense of what your wife is experiencing. Congratulations on your marriage and best wishes to you.

Yep, nicely done. Residency requirements for in state tuition are a pain in the neck, but I'm surprised that LPR status plus actual residence in the state weren't a slam dunk.

Can you comment on this ? Based on what was submitted in the initial I-485 packet? 179819[/snapback] I suspect two factors are at play here. The first is backlogged cases are being re-directed, hence two (actually more if you count the K-2 AOS's) from Atlanta. Approving such cases without an interview helps reduce the backlog. But, I think Carl also has a point, that it, the case should be clearly approvable, so if all the required documentation is in at the onset, the chances of avoiding an interview seem to increase despite the fact that an RFE calling for updated documents, etc. has still resulted in a "no interview" AOS.

Now, that's great news. Congratulations.

I recall that there wasn't a previous marriage/divorce involved. Did the court ever issue a sole custody order or decree? I'm wondering whether you actually need the deadbeat's permission if the court has granted sole custody to the mom.

I just posted a reply to your other post. You probably don't want the CR-1 to proceed unless you also want to return to GUZ when the CR-2 paperwork arrives and the CR-2 visa is readied for issuance. It may be a crap shoot whether the CR-2 paperwork arrives before your wife has to use or lose the CR-1 visa (usually 6 months from issuance). Personally, I think it makes more sense to go with the K-3/K-4 and then adjust status for both mom and daughter after they arrive in the US. I wouldn't suggest delaying the interview to allow the CR-2 paperwork to catch up. You have an interview date. Take it. As they say, don't look a gift horse in the mouth.

Good news. I wouldn't try to postpone the interview waiting on the CR-1. If the CR-1 paperwork is all there, there is a chance that GUZ may swap it in so that the interview might result in a CR-1 visa rather than the K-3 but be careful about the daughter. If her files are not at GUZ yet, it would be a real shame for her mom to get a CR-1 and then have to return to GUZ when the daughter's CR-2 paperwork is ready for processing (the daughter wouldn't be able to get a K-4 since mom didn't get a K-3). If I were in your shoes, I would want to make sure that whatever visas are issued as a result of the interview include a visa for the daughter. Good luck.

It's getting close. Good luck.

I hear the Superdome is currently vacant. It MIGHT be big just enough to hold you wife's shoes if you buy something to store your shoes.

You might take a look at http://candleforlove.com/forums/index.php?...topic=14262&hl= for some advice an whether the parent(s) should be at the interview.

Welcome aboard the slow boat to China. K-1 appears to be a tad faster than the K-3. The choice is yours to make, but to go K-3 requires a trip to China to get married, the filing of the I-130 for the immigrant visa, and then the filing of the I-129F for the K-3. The K-1 only requiries that you two have met which I think is obvious from your picture and the filing of the I-129F.

Perhaps the biggest difference between K-2 and K-4 lies in the basis for the principal visa (K-1 and K-3). The K-2 and K-4 are both derivative visas, but the K-3, unlike the K-1, is designed to allow and IV petitioner to come to the US while the I-130 is pending. No such requirement exists for for the K-1. Consequently, a condition precedent to issuing the K-3 is that the I-130 be filed. For whatever reason, there doesn't seem to be a requirement that an IV petition also be filed for the K-4 as a prerequisite to issuing the visa, and it is here that things turn very complicated. Many USCs who are able do go ahead and file the I-130 for the child at the same time they file the I-130 for the spouse, but some do it after the child arrives in the US. Again, there is no requirement that an I-130 be filed for a K-1 fiance(e) or a K-2 child. The complications arise when the USC cannot file the I-130 for the child because the child is over age 18 at the time of the marriage. In such instances, two questions arise. The first is whether the consulate will issue the K-4 in the first place. USCONGUZ didn't really answer this question. Personally, I think the K-4 should be issued if the child is unmarried and under age 21 irrespective of whether the USC can file the I-130. The second question is whether the K-4 can adjust status once in the US if the USC cannot file the I-130. Conventional wisdom suggests that the alien spouse can file the I-130 once LPR status is achieved, and the child can file AOS, assuming the child is still under age 21 and unmarried. Unfortunately, this is not entirely free from doubt.

Wow, looks like someone at the SS office knows a little about the K-1 visa status. Three cheers.

That certainly clears up a lot of uncertainty. Things seem to be looking up.

As a follow up, I would also like to know if the consulate will issue the K-4 in this situation irrespective of whether the US citizen or the alien spouse, after achieving legal permanent resident status, files the immigrant petition (I-130) on behalf of the child.

I am not an immigration lawyer, but I slept at a Holiday Inn once. So, what I say should be taken with a grain of salt. Here is my thinking on the K-4 AOS issue. Let's assume a K-4 is issued to an unmarried child of the alien spouse (K-3) who was over the age of 18 when the marriage took place but under age 21. Both come to the US on their K visas. The USC had filed an I-130 for the spouse (a prerequisite to getting the K-3), but could not and did not file an I-130 for the child because the child was over age 18 when the marriage took place. The alien spouse files the I-485 to adjust status from K-3 to legal permanent resident. After approval of LPR status, the alien files the I-130 for the child, and the child files the I-485 to adjust status from K-4 to LPR. Both are filed together. Issues that I see: 1. The child's status as K-4 will likely terminate when the parent becomes an LPR: "...K-4 status will be terminated when the alien turns 21 years of age or is married. Section 101(a)(15)(K)(iii) of the Act limits the K-4 classification to the ``minor children'' of K-3 aliens. If the K-4 alien turns 21, he or she is no longer a child as defined in section 101((1) of the Act. Therefore, in the event either of these occurs, the K-4 alien's status will terminate. This is another incentive for the citizen petitioner to file Form I-130 on behalf of the K-4 alien child as soon as possible, so that the child may adjust status as soon as possible. Once the K-3 spouse obtains LPR status, there will be no basis for the K-4 dependent's status." Federal Register from http://www.ilw.com/immigdaily/News/2001,0815-Kvisa.shtm The effect of terminating K-4 status seems to be the accrual of unlawful presence in the US. To me this is similar to what happens when an I-485 is filed for a K-1 after marriage and after the K-1 expires. In my mind unlawful presence goes to the ban on entry to the US (less than 180 days is okay; more than 180 days gives rise to a 3 or 10 ban on admission). Since the alien is already in the US, the potential ban may not be a significant issue unless the alien has accrued more than 180 days of unlawful presence and leaves the country for some reason while the I-485 is pending. 2. Can an I-485 be filed for a K-4 when the I-130 is filed by the parent/LPR? The I-485 instructions say that an I-485 may be filed if it is being filed along with a completed relative petition (I-130), special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available. From the I-485 instructions. http://uscis.gov/graphics/formsfee/forms/files/i-485.pdf As a general rule, visa numbers are not immediately available to petitions filed by legal permanent residents on behalf of family members, suggesting that the I-485 cannot be filed by the K-4 when the LPR files the I-130, but the following suggests that this may not be a problem with AOS applications file by a K-4: "...Those admitted as K-3/K-4 aliens do not have to wait for a visa number to become current and may apply for adjustment at any time following the filing of the Form I-130 petition (or both may be filed concurrently for the K-4)." Federal Register from http://www.ilw.com/immigdaily/News/2001,0815-Kvisa.shtm Needless to say, this is a very complicated area and the advice of an experienced and competent immigration lawyer is strongly recommended if someone finds himself or herself in this situation.

I may be dead wrong, but isn't the I-485 an option, filed simultaneously with the I-130 as soon as the mom get LPR status?

None are required, but I went ahead and had the Hep shots, got a tetanus booster and carried a prescription for anti-malarial drugs. We were traveling to Southern China in the middle of Summer, including Hainan (not the resorts), and it seemed like a good precaution.

The more I think about this, the more I think Don and Ty are right in their assessment, but I'm glad warpedbored has asked the question of GUZ. Unfortunately, we are dealing with two US departments - State which is responsible for issuing the K visa, and USCIS which is responsible for adjusting status to legal permanent resident. So, I don't know if GUZ will offer any guidance on what will happen after entry into the US, but if GUZ says it would issue the K-4 to a step child over 18 at the time of marriage, then I think the process is as Ty says. The child will enter the US on the K-4 and will have to wait until her mom becomes a legal permanent resident, after which the mom files the I-130 and the daughter files the I-485 to adjust the daughter's status to legal permanent resident. There is the liklihood that the daughter will accrue unlawful presence after she turns 21, after her K-4 expires, or after her mom's status changes from K-3 to LPR, but since the daughter would have already entered the US legally, I'm not sure what the downside is.