Another addition to the family

[MikeXiao]

My wife now has full custody of her son. Unfortunatley, the paperwork for my wife and daughter, is at the consulate, presumably, for final approval. When she gets here, we plan to start the paperwork for the son. Since she will be a permanent resident, I see that he will have to wait for a visa number. This is a wait of about 5 years. My question is, did I read this correctly? Or is there a quicker way? My wife loves this little boy, just turned 6, and I love him too. He already considers me to be his father.

[warpedbored]

Hmmmm ask someone smarter than me but since she doesn't have the visa yet it may be possible to add him on as a K-4. Otherwise it will take a long time.

[david_dawei]

just some reading material...

 

 

VISA JOURNEY

 

http://www.visajourney.com/faq/k3k4visa-enter.html

 

13.5)...My child did not move with me to the United States, but now he wants to move here. He was listed on the I-129F petition. Can he still get a K4 visa?

 

A..There is nothing in the information thus far provided by INS or the State Department regarding this. It seems logical that a young person may apply for the K4 visa up till one year after the K3 is admitted to the US, same as the K1/K2. However, logic may not prevail in the face of real life. Once the K3 has adjusted to Permanent Resident, they no longer have K3 status, and since the K4 is a "derivative beneficiary" of the K3, the young person would no longer be eligible for a K4 visa. Since AOS can happen very quickly at some local offices, one should assume at this time that no opportunity will be available to apply for a K4 visa after the issuance of the K3. Those K3 folks with potentially eligible children "remaining behind" may want to carefully consider the timing of their AOS application.

 

 

 

 

K3 Visa Implementation

http://travel.state.gov/visa/laws/telegram...grams_1431.html

[LeeFisher3]

Mike, you need to check a couple of things to avoid the visa number waiting game. Is the child under the age of 21? YES

Option 1

Was the son listed on your wife's DS-230?YES

 

Call DOS have them look at the son's record on the case, the odds are he is flaged as "follow later", if so the process can jump ahead real fast.

 

Not sure of the exact steps but you will need to get a DS-230 part 1 on him and collect the P3 documentation. There are others who can assist you as to the process, but as I understand you jump real close to the P3 stage.

( if not set to follow later a lawyer may be able to get this modified due to the change in custody)

 

 

Option 2

If not on follow later status, you need to look at the following site,

specifically at the section titled Who is Eligible to Be a Sponsor?

 

http://uscis.gov/graphics/howdoi/child.htm

[LeeFisher3]

Mike, another thought. With the additional delay in GZ and the K3 status with the odds of follow later being marked. You might want to contact King and see if there is a possible way for him to go to this "Interview" and be included explaining the custody change.

 

I know this is reaching, but worth a shot.

 

Good luck.

[frank1538]

Hmmm. Tough question. I'm assuming it was the K-3 that got hung up in the black hole rather than the I-130. If so, was her son listed in your I-129F? I'll assume for the moment that he was, but you wife did not get a P4 for other than her and her daughter. I'll also assume that her son was under 18 when you got married, so that he'd qualify as an immediate relative as your step child.

 

If I were in your shoes, I'd go ahead and get the K-3 visa but as soon as your wife has it, I would request an interview for the K-4 for the son. If GZ balks at this, as suggested in David's post, I would consider filing a separate I-130 for him.

 

This is a pure gut reaction on my part.

 

Also, do you think there's any connection between the custody issue and the snafu with the visa?

[bubbafred10]

My son is 13 yrs old and he already told everybody he meets that I am his daddy, his only daddy, an American, and his new name is Aaron (I chose the name for him, which will be official when he arrives here and gets his social security card). He has already forgotten his dead-beat bio father who never even call him once last spring festival nor since November.

 

But I have to do some GUZ persuasion to get K4 visa for him, while getting CR1 for my laopo. CSC is just durned too slow these days.