K3 Wife Daughter 156? 157?

[castaway109]

My understanding is that my wife's 13 year old daughter will come as part of my wife's K3 visa. She is listed etc...

 

But, at the medical exam they told my wife that my daughter must have a DS156 and DS 157. Is this true? Then why doesn't she just get her own visa if she has to make all the paperwork anyway?

[tonado]

http://travel.state.gov/visa/immigrants/ty...s_1315.html#10c

 

Children Have Derivative Status

 

Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

 

You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the United States, they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age. See child.

[david_dawei]

It seems the general rule is that anything the mother submits, the child should submit... there are some excepts at the start (it's enough to just list them on the I-129F without supplying the G-325a or photo for child).

 

After all, the child will have to pay for a visa [application]... ergo, they need to fill out visa forms...

[castaway109]

Yes. I included her on the I-129F for K3 form. I have also filed the I-130 for her and included the NOA 1.

 

But my understanding was that the interview they have scheduled is for the K3 so that my daughter will have derivative status with her mother. So why does she need to fill out all the other forms too?

[Guest pushbrk]

Yes. I included her on the I-129F for K3 form.  I have also filed the I-130 for her and included the NOA 1. 

 

But my understanding was that the interview they have scheduled is for the K3 so that my daughter will have derivative status with her mother.  So why does she need to fill out all the other forms too?

176727[/snapback]

The derivitive status simply means she doesn't need a separate I 129F. She'll apply for a Visa and pay a visa fee. She needs to file visa forms.

 

You, the USC file to establish their eligibility status but they file for actual Visas after having their status approved.

 

Does that clear it up for you?

[Guest ShaQuaNew]

Thanks for creating the new forum. Perhaps we could create a new category rather than pinning this at the top of the General Visa Discussion (GVD)?

 

Perhaps calling it something new so that is shows up on the left side as the other major categories. Like:

 

1. Family Member Visas?

2. Bringing Family Members to the US?

 

etc?

Edited January 3, 2006 by ShaQuaNew (see edit history)