Can I still ask for a K1 visa?

[frank1538]

I think we are mixing issues. One is getting a visa to enter the states, the other is being able to file AOS.

178804[/snapback]

You may be right, but it might be a Pyrrhic victory to come to the US on a K-4 and then age out or have the visa expire (even with extentions) before a valid I-485 was filed. Assuming GZ will actually issue the K-4, the best case scenario might be one where the mother's LPR status is achieved before the daughter turns 21 so that she can file the I-130/I-485. To me the government's position that apparently requires an immigrant visa petition to be filed for the K-4 as part of the AOS process just rubs me the wrong way in view of the fact the K-2ers don't have to have filed for an immigrant visa to adjust status. Chalk it up to bad law I guess.

[Guest pushbrk]

I think we are mixing issues. One is getting a visa to enter the states, the other is being able to file AOS.

178804[/snapback]

You may be right, but it might be a Pyrrhic victory to come to the US on a K-4 and then age out or have the visa expire (even with extentions) before a valid I-485 was filed. Assuming GZ will actually issue the K-4, the best case scenario might be one where the mother's LPR status is achieved before the daughter turns 21 so that she can file the I-130/I-485. To me the government's position that apparently requires an immigrant visa petition to be filed for the K-4 as part of the AOS process just rubs me the wrong way in view of the fact the K-2ers don't have to have filed for an immigrant visa to adjust status. Chalk it up to bad law I guess.

178813[/snapback]

We still don't have enough information. We don't know the age of the child at the time of the marriage and we don't know if an I-130 has been filed on the child's behalf.

[tywy_99]

...But the OP stated that the lawyer said the daughter cannot travel with her mother on the K3. She was concerned that her daughter wouldn't be able to emigrate with her. So much concerned that she was asking if she could switch to K1.

 

What the attorney said; again....I say, NOT TRUE!

 

mei1964,

 

Continue with the K3 as you are doing. Your daughter is eligible for the derivitive K4 visa providing she meets the criteria.

She will be able to travel with you on the K4 visa.

Age 18 only affects the immigrant petition I-130 of which I have already posted about.

 

-again, good luck

[tywy_99]

I think we are mixing issues. One is getting a visa to enter the states, the other is being able to file AOS.

178804[/snapback]

You may be right, but it might be a Pyrrhic victory to come to the US on a K-4 and then age out or have the visa expire (even with extentions) before a valid I-485 was filed. Assuming GZ will actually issue the K-4, the best case scenario might be one where the mother's LPR status is achieved before the daughter turns 21 so that she can file the I-130/I-485. To me the government's position that apparently requires an immigrant visa petition to be filed for the K-4 as part of the AOS process just rubs me the wrong way in view of the fact the K-2ers don't have to have filed for an immigrant visa to adjust status. Chalk it up to bad law I guess.

178813[/snapback]

We still don't have enough information. We don't know the age of the child at the time of the marriage and we don't know if an I-130 has been filed on the child's behalf.

178816[/snapback]

The age of the "child" at the time of marriage is irrelavent concerning the NIV's and their dervitives.

 

If the I-130 has been filed on the "child" then what the hell is the problem? And even if the I-130 hasn't been filed- it still makes no difference! The "child" is eligible for the derivitive K4.

[Guest pushbrk]

I think we are mixing issues. One is getting a visa to enter the states, the other is being able to file AOS.

178804[/snapback]

You may be right, but it might be a Pyrrhic victory to come to the US on a K-4 and then age out or have the visa expire (even with extentions) before a valid I-485 was filed. Assuming GZ will actually issue the K-4, the best case scenario might be one where the mother's LPR status is achieved before the daughter turns 21 so that she can file the I-130/I-485. To me the government's position that apparently requires an immigrant visa petition to be filed for the K-4 as part of the AOS process just rubs me the wrong way in view of the fact the K-2ers don't have to have filed for an immigrant visa to adjust status. Chalk it up to bad law I guess.

178813[/snapback]

We still don't have enough information. We don't know the age of the child at the time of the marriage and we don't know if an I-130 has been filed on the child's behalf.

178816[/snapback]

The age of the "child" at the time of marriage is irrelavent concerning the NIV's and their dervitives.

 

If the I-130 has been filed on the "child" then what the hell is the problem? And even if the I-130 hasn't been filed- it still makes no difference! The "child" is eligible for the derivitive K4.

178820[/snapback]

So, if I understand it correctly, an 18 year old daughter can accompany her K3 mother on a K4 visa regardless of the daughter's age at the time of the marriage. The rub comes in adjusting the daughter's status after she arrives. Her mother must file for a CR1 for the daughter after becoming a legal permanent resident. This means it is possible for the daughter to be required to go back to China.

 

All I'm saying is that until we know the rest of the circumstances we cannot paint the full picture for this particular mother. I think it would be better to give her the full picture than some specific details that may potentially lead her down a path she does not wish to follow.

 

We cannot make such a value judgment for her.

[tywy_99]

The mother states she was married November 2005. She is, at the least, looking at 10 mos. for the visa(s).

 

The mother states she is now working on the K3. The resultant k4 will be issued, providing.

 

The mother states her attorney said the "child" cannot follow her on the K3. [false]

 

This is where the mother's worries begin. It looks straight foward to me and IANAL!

 

Does switching to K1 as the mother suggest sound like a better path? I think not. K1 is not an option.

 

What you say is true, pushbrk. We can only go on what the mother has provided but if this is all of it then I see no problems at all. She's good to go! It sounds like the attorney has gotten his or her wires crossed and has upset the mother unnecessarily. That is why she posted.

I have to bet the farm on this one. The mother has no problems from what I can see. She needs to continue on the path she is on. The right path!

[Guest pushbrk]

The mother states she was married November 2005. She is, at the least, looking at 10 mos. for the visa(s).

 

The mother states she is now working on the K3. The resultant k4 will be issued, providing.

 

The mother states her attorney said the "child" cannot follow her on the K3. [false]

 

This is where the mother's worries begin. It looks straight foward to me and IANAL!

 

Does switching to K1 as the mother suggest sound like a better path? I think not. K1 is not an option.

 

What you say is true, pushbrk. We can only go on what the mother has provided but if this is all of it then I see no problems at all. She's good to go! It sounds like the attorney has gotten his or her wires crossed and has upset the mother unnecessarily. That is why she posted.

I have to bet the farm on this one. The mother has no problems from what I can see. She needs to continue on the path she is on. The right path!

178831[/snapback]

Clearly she cannot change to K1. Once we know more, we can give advice on available options and she can choose for herself what is right and best for her and for her daughter based on their individual needs and circumstances.

[warpedbored]

if they were to divorce and start over they could file K-1

[david_dawei]

There have been 24 replies to the OPs 1 post ... not sure it will be easy to sort out all the info... Would be good to hear back again...

 

(opps, make that 25 posts).

[warpedbored]

I am not as up to speed on K-3 as I am K-1. There are some differences with under 21 children. I think this is a good question for GUZ.

[mei1964]

Hi, I need your help. I married my husband( a US citizen) in November, 2005. Now i am working on my visa of K3, but I have a problem, my attony told me that my daughter ( now is 18 years old) can't go to US together with me on K3. So What can I do that my daughter can go with me? One of my friend asked for a K1 visa( she did not marry at that time ), then her daugther(  18 years old at that time), can go together with her. But i am married, my question is : Can I still ask for a K1 visa in order that my daughter can go together with me?? Thanks

178758[/snapback]

What was your daughter's age on the day you got married?

178763[/snapback]

My daughter was 18 at the time i married

[tywy_99]

Hi, I need your help. I married my husband( a US citizen) in November, 2005. Now i am working on my visa of K3, but I have a problem, my attony told me that my daughter ( now is 18 years old) can't go to US together with me on K3. So What can I do that my daughter can go with me? One of my friend asked for a K1 visa( she did not marry at that time ), then her daugther(?18 years old at that time), can go together with her. But i am married, my question is : Can I still ask for a K1 visa in order that my daughter can go together with me?? Thanks

178758[/snapback]

What was your daughter's age on the day you got married?

178763[/snapback]

My daughter was 18 at the time i married

178897[/snapback]

Now we're really making some progress!...

 

"I love the smell of sarcasm in the morning."

[frank1538]

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.

[tywy_99]

One more factoid. If the child is here on a K-4, as son as the mother gets her green card she can file both the I-130 and I-485 for the child. With the I-485 filed, the child is here legally pending status.

 

The two questions then are if the child is still under 21 and unmarried.

178919[/snapback]

I think Lassiter in pappa bear's post "next door" would be intersested in knowing this if he doesn't know it already.

 

Yes, I fully agree. That's the way to do it! and basically, the only way to go.

[Guest pushbrk]

One more factoid. If the child is here on a K-4, as son as the mother gets her green card she can file both the I-130 and I-485 for the child. With the I-485 filed, the child is here legally pending status.

 

The two questions then are if the child is still under 21 and unmarried.

178919[/snapback]

I think Lassiter in pappa bear's post "next door" would be intersested in knowing this if he doesn't know it already.

 

Yes, I fully agree. That's the way to do it! and basically, the only way to go.

178937[/snapback]

What would complete the picture is information on how long after the Mother's arrival can she file the I-130 for the child. As discussed in the most recent similar thread, there's still a judgment call to make about interupting the child's education, should she have to return to China.