Can I still ask for a K1 visa?

[Guest pushbrk]

The mother can file the I-130 for the child anytime after she is approved as a permanent resident. She doesn't need to wait for the green card to be in her hands. The mother files as a permanent resident for her unmarried child under 21.

 

Her husband can't speed things up since, by USCIS definition, the child is not his step child because the marriage was after the child's 18th birthday. If the child qualified as his step child, he could AOS at the same as the mother's.

178999[/snapback]

So, then theoretically, if the mother and daughter arrive by the time the daughter is around 19 1/2 there will probably be plenty of time. That brings up another question. Does the daughter have to return to China for the interview? Where does that take place?

[david_dawei]

The mother can file the I-130 for the child anytime after she is approved as a permanent resident. She doesn't need to wait for the green card to be in her hands. The mother files as a permanent resident for her unmarried child under 21.

 

Her husband can't speed things up since, by USCIS definition, the child is not his step child because the marriage was after the child's 18th birthday. If the child qualified as his step child, he could AOS at the same as the mother's.

178999[/snapback]

So, then theoretically, if the mother and daughter arrive by the time the daughter is around 19 1/2 there will probably be plenty of time. That brings up another question. Does the daughter have to return to China for the interview? Where does that take place?

179001[/snapback]

I assume you mean the AOS interview since, If the daughter is here (as in your statement), that assumes she already had her [derivative K4] visa related interview... only the AOS interview is left.

[tywy_99]

The mother can file the I-130 for the child anytime after she is approved as a permanent resident. She doesn't need to wait for the green card to be in her hands. The mother files as a permanent resident for her unmarried child under 21.

 

Her husband can't speed things up since, by USCIS definition, the child is not his step child because the marriage was after the child's 18th birthday. If the child qualified as his step child, he could AOS at the same as the mother's.

178999[/snapback]

So, then theoretically, if the mother and daughter arrive by the time the daughter is around 19 1/2 there will probably be plenty of time. That brings up another question. Does the daughter have to return to China for the interview? Where does that take place?

179001[/snapback]

I assume you mean the AOS interview since, If the daughter is here (as in your statement), that assumes she already had her [derivative K4] visa related interview... only the AOS interview is left.

179006[/snapback]

The "child" needn't return to China if the I-485 is filed here in the States to adjust status rather than return to China for the conditional IV interview.

The AOS appointment will be held at the CIS field office having jurisdiction over your place of residence, or the registration card might be mailed to the daughter without having an appointment.

Only the ten prints and biometrics need to be done prior to the card..

[Guest pushbrk]

The mother can file the I-130 for the child anytime after she is approved as a permanent resident. She doesn't need to wait for the green card to be in her hands. The mother files as a permanent resident for her unmarried child under 21.

 

Her husband can't speed things up since, by USCIS definition, the child is not his step child because the marriage was after the child's 18th birthday. If the child qualified as his step child, he could AOS at the same as the mother's.

178999[/snapback]

So, then theoretically, if the mother and daughter arrive by the time the daughter is around 19 1/2 there will probably be plenty of time. That brings up another question. Does the daughter have to return to China for the interview? Where does that take place?

179001[/snapback]

I assume you mean the AOS interview since, If the daughter is here (as in your statement), that assumes she already had her [derivative K4] visa related interview... only the AOS interview is left.

179006[/snapback]

The "child" needn't return to China if the I-485 is filed here in the States to adjust status rather than return to China for the conditional IV interview.

The AOS appointment will be held at the CIS field office having jurisdiction over your place of residence, or the registration card might be mailed to the daughter without having an appointment.

Only the ten prints and biometrics need to be done prior to the card..

179013[/snapback]

That clears it up for me. Of course her Consulate interview already happened if she came here with her mother.

 

I hope mei1964 can figure all this out but it boils down to being pretty simple once all the puzzle pieces are in place.

[tywy_99]

I hope mei1964 can figure all this out but it boils down to being pretty simple once all the puzzle pieces are in place.

 

I rest my case!

 

Just one additional caveat:

 

The K3 and/or K4 NIV holders would have to return back to the consulate if they wish to pursue the immigrant visa thereby not needing to file AOS here in the states.

With the IV, they would be admitted into the US with LPR status and a stamp in their passports of the temporary I-551. Their registration card will arrive in the mail whether their status is conditional or otherwise.

[Guest pushbrk]

I hope mei1964 can figure all this out but it boils down to being pretty simple once all the puzzle pieces are in place.

 

I rest my case!

 

179020[/snapback]

Perhaps you rest too soon. There's a "Catch 22".

 

http://travel.state.gov/visa/immigrants/ty...s_1315.html#15c

 

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

 

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.

 

Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States?

 

K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.

 

==================================================

If mei1964 brings her daughter here on a K4 visa, the daughter will have to return to China or begin accruing unlawful presence in the USA the same day her mother becomes eligible to file an I-130 for her.

Edited December 31, 2005 by pushbrk (see edit history)

[hakkamike]

Why not just get a divorce and then do the K-1 and K-2 thing??????

[LiandLarry]

Now I am wondering, pushbrk are you applying for a K-4 visa along with your K-3?

 

Larry

[obxtrainman]

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]

I believe once there was a legal marriage, she no longer can apply for a K1, no matter what the age of the child.

[tywy_99]

I hope mei1964 can figure all this out but it boils down to being pretty simple once all the puzzle pieces are in place.

 

I rest my case!

 

179020[/snapback]

Perhaps you rest too soon. There's a "Catch 22".

 

 

http://travel.state.gov/visa/immigrants/ty...s_1315.html#14c

 

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

 

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.

 

Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States?

 

K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.

 

==================================================

If mei1964 brings her daughter here on a K4 visa, the daughter will have to return to China or begin accruing unlawful presence in the USA the same day her mother becomes eligible to file an I-130 for her.

179044[/snapback]

There are mitigating circumstances involved. The USCIS knows this and would never take deportation actions on such an asinine situation as that, however, once the mother gains LPR status she should mail the necessary forms and documents to the USCIS as soon as possible.

In 7 to 10 days she will receive the I-797C receipt notice and the "child" will again have legal presence status. The child can then obtain an EAD for civil purposes. I don't think it would take "years" for the "child" to gain LPR status since the "child" is already in the United States unlike a LPR petitioning for relatives overseas. Children of a LPR who are still overseas are high on the preference list anyways.

 

Sometimes we need to read in between the black and the white in order to hold on to our sanity and not get lost in the words and rely more on our actions.

 

I can't believe you would throw that crap at me!...............

[Guest pushbrk]

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]

I believe once there was a legal marriage, she no longer can apply for a K1, no matter what the age of the child.

179061[/snapback]

THat is correct. The subsequent discussion is focused on what to do instead.

[Guest pushbrk]

I hope mei1964 can figure all this out but it boils down to being pretty simple once all the puzzle pieces are in place.

 

I rest my case!

 

179020[/snapback]

Perhaps you rest too soon. There's a "Catch 22".

 

 

http://travel.state.gov/visa/immigrants/ty...s_1315.html#14c

 

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

 

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.

 

Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States?

 

K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.

 

==================================================

If mei1964 brings her daughter here on a K4 visa, the daughter will have to return to China or begin accruing unlawful presence in the USA the same day her mother becomes eligible to file an I-130 for her.

179044[/snapback]

There are mitigating circumstances involved. The USCIS knows this and would never take deportation actions on such an asinine situation as that, however, once the mother gains LPR status she should mail the necessary forms and documents to the USCIS as soon as possible.

In 7 to 10 days she will receive the I-797C receipt notice and the "child" will again have legal presence status. The child can then obtain an EAD for civil purposes. I don't think it would take "years" for the "child" to gain LPR status since the "child" is already in the United States unlike a LPR petitioning for relatives overseas. Children of a LPR who are still overseas are high on the preference list anyways.

 

Sometimes we need to read in between the black and the white in order to hold on to our sanity and not get lost in the words and rely more on our actions.

 

I can't believe you would throw that crap at me!...............

179067[/snapback]

I'm just attempting to get the correct information in the hands of the person asking for it. You've given your opinion. I respect that. Can you cite anything to support your opinion?

[obxtrainman]

I thought it was you that got all uppity with me and other members when you made your first post. It had something to do with we weren't answering your question.

[Guest pushbrk]

I thought it was you that got all uppity with me and other members when you made your first post.  It had something to do with we weren't answering your question.

179071[/snapback]

Um, you thought wrong, if you mean me. The question you answered was already answered multiple times. We've moved on.

Edited December 31, 2005 by pushbrk (see edit history)

[tywy_99]

I'm just attempting to get the correct information in the hands of the person asking for it.  You've given your opinion.  I respect that.  Can you cite anything to support your opinion?

179070[/snapback]

The correct information was given to the person asking for it in post #3.

 

My opinion is backed by my years of experience with the immigration process. That's why post #3 is 100% correct and precise.

 

I answered mei1964's question a long time ago. Throughout the rest of my time in this thread has been swatting at your condescendence.

 

 

My last post here.