Can I still ask for a K1 visa?

[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

[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?

[tywy_99]

my attony told me that my daughter ( now is 18 years old) can't go to US together with me on K3.

178758[/snapback]

Not true...

 

{A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.}

 

Please don't ask me where I got my source. I lost all my documents on all the immigration information I have accumulated for 5 years! But the line I posted comes from the LIFE Act (somewhere), and from the Federal Register Vol. 66...blah, blah, blah (from memory).

 

-good luck

[Rakkasan]

The information below is from an immigration lawyers web site.

 

K4 Visa Details

A K4 visa may be obtained by an K3 visa holder¡¯s spouse and minor children. A K4 visa holder may enter the US with the K3 visa holder or enter at a later time.

 

For whom is a K4 Visa appropriate?

Unmarried children under age 21, of K-3 visa applicants

 

What are the requirements for obtaining an K4 Visa?

A person may receive a K4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K3.

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

I am editing this reply since I just found this on the U.S. Department of State's web site.

 

IMMIGRANT VISA

 

 

 

In December 2000, the Legal Immigration Family Equity (LIFE) Act was signed into law by former President Clinton. This law provides for several significant changes that will benefit some relatives of both lawful permanent residents (green card holders) and U.S. citizens. The LIFE Act created two categories of visas, described below, that are designed to facilitate reuniting families in the U.S. more quickly.

 

 

K3 and K4 Visas:

 

This non-immigrant visa is available to spouses of U.S. citizens who were married overseas (K3) and their dependent children under 21 years old (K4) who are currently living outside the U.S. The purpose of the new K visas is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. People with K visas will be able to enter the U.S. and complete the immigration process there.

 

Applicants for K3 and K4 visas must apply for those visas in the country where the marriage to the U.S. citizen took place. If the marriage took place in the United States, then the visa application must take place in the country where the visa applicant resides. If the marriage took place in a country where there is no U.S. Embassy or Consular Section providing non-immigrant visa services, the application must take place in the country designated by the Department of State for immigrant visa processing for residents of the country where the wedding took place.

Edited December 30, 2005 by Rakkasan (see edit history)

[frank1538]

First, you cannot go after a K-1 not that you are married. You must stick with the K-3/CR-1.

 

Second, fire your lawyer if your daugher is not married. A K-4 is available to your unmarried daughter up to age 21. This is from the USCIS website http://uscis.gov/graphics/howdoi/hdiknonimm.htm and is the source of tywy's post:

 

Who is Eligible?

 

A person may receive a K-3 visa if that person:

 

has concluded a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

 

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

Your lawyer may have confused the K-3 with the CR-2 where the rules are different.

[Guest pushbrk]

First, you cannot go after a K-1 not that you are married.  You must stick with the K-3/CR-1.

 

Second, fire your lawyer if your daugher is not married.  A K-4 is available to your unmarried daughter up to age 21.  This is from the USCIS website http://uscis.gov/graphics/howdoi/hdiknonimm.htm and is the source of tywy's post:

 

Who is Eligible?

 

A person may receive a K-3 visa if that person:

 

has concluded a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

 

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

Your lawyer may have confused the K-3 with the CR-2 where the rules are different.

178771[/snapback]

Is there not also a complication to overcome if the child was already 18 at the time of the marriage? Not a disqualification for K3 but a complication.

[tywy_99]

First, you cannot go after a K-1 not that you are married.?You must stick with the K-3/CR-1.

 

Second, fire your lawyer if your daugher is not married.?A K-4 is available to your unmarried daughter up to age 21.?This is from the USCIS website http://uscis.gov/graphics/howdoi/hdiknonimm.htm and is the source of tywy's post:

 

Who is Eligible?

 

A person may receive a K-3 visa if that person:

 

has concluded a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

 

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

Your lawyer may have confused the K-3 with the CR-2 where the rules are different.

178771[/snapback]

Is there not also a complication to overcome if the child was already 18 at the time of the marriage? Not a disqualification for K3 but a complication.

178773[/snapback]

Look at papa bears old post.

It's only complicated if you make it that way. It's actually simple! It's the seemingly endless waiting that is so damn hard!!

[Guest pushbrk]

First, you cannot go after a K-1 not that you are married.?You must stick with the K-3/CR-1.

 

Second, fire your lawyer if your daugher is not married.?A K-4 is available to your unmarried daughter up to age 21.?This is from the USCIS website http://uscis.gov/graphics/howdoi/hdiknonimm.htm and is the source of tywy's post:

 

Who is Eligible?

 

A person may receive a K-3 visa if that person:

 

has concluded a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

 

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

Your lawyer may have confused the K-3 with the CR-2 where the rules are different.

178771[/snapback]

Is there not also a complication to overcome if the child was already 18 at the time of the marriage? Not a disqualification for K3 but a complication.

178773[/snapback]

Look at papa bears old post.

It's only complicated if you make it that way. It's actually simple! It's the seemingly endless waiting that is so damn hard!!

178775[/snapback]

By complication, I mean something that must be done differently. It's a yes or no question for now but it may be relevant depending on the age of the OP's child at the time they were married.

[bubbafred10]

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]

Your lawyer seems to be quite ignorant. Read the posts on K3/K4 visas for you and your daughter under 21 years old. I wouldn't waste money on an ignant lawyer.

[Guest pushbrk]

First, you cannot go after a K-1 not that you are married.?You must stick with the K-3/CR-1.

 

Second, fire your lawyer if your daugher is not married.?A K-4 is available to your unmarried daughter up to age 21.?This is from the USCIS website http://uscis.gov/graphics/howdoi/hdiknonimm.htm and is the source of tywy's post:

 

Who is Eligible?

 

A person may receive a K-3 visa if that person:

 

has concluded a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

 

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

Your lawyer may have confused the K-3 with the CR-2 where the rules are different.

178771[/snapback]

Is there not also a complication to overcome if the child was already 18 at the time of the marriage? Not a disqualification for K3 but a complication.

178773[/snapback]

Look at papa bears old post.

It's only complicated if you make it that way. It's actually simple! It's the seemingly endless waiting that is so damn hard!!

178775[/snapback]

By complication, I mean something that must be done differently. It's a yes or no question for now but it may be relevant depending on the age of the OP's child at the time they were married.

178782[/snapback]

I'll point to this source...

 

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

 

Where we read...

 

 

Definition of a Child

The immigration law defines a “child” as an unmarried person under the age of 21 (a minor) who is

 

A child born to parents who are married to each other (born in wedlock)

A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18

[tywy_99]

First, you cannot go after a K-1 not that you are married.?You must stick with the K-3/CR-1.

 

Second, fire your lawyer if your daugher is not married.?A K-4 is available to your unmarried daughter up to age 21.?This is from the USCIS website http://uscis.gov/graphics/howdoi/hdiknonimm.htm and is the source of tywy's post:

 

Who is Eligible?

 

A person may receive a K-3 visa if that person:

 

has concluded a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

 

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

Your lawyer may have confused the K-3 with the CR-2 where the rules are different.

178771[/snapback]

Is there not also a complication to overcome if the child was already 18 at the time of the marriage? Not a disqualification for K3 but a complication.

178773[/snapback]

Look at papa bears old post.

It's only complicated if you make it that way. It's actually simple! It's the seemingly endless waiting that is so damn hard!!

178775[/snapback]

By complication, I mean something that must be done differently. It's a yes or no question for now but it may be relevant depending on the age of the OP's child at the time they were married.

178782[/snapback]

That's the paradox. A K4 is obtainable up to 21 from the I-129F filing by the step-parent, usually an USC, but the I-130 can only be filed by the step-parent up to age 18. This is the emancipation age set by law. After 18, the maternal (or paternal) guardian can file the I-130 after they achieve LPR status.

 

Disqualification for K4 would either be the son/daughter is married or over 21. In that case they would have to wait for visa approval being that they would fall into a different visa catagory with preferences.

 

This is what was being discussed in the old post. Still simple stuff. RTFM!

[Guest pushbrk]

First, you cannot go after a K-1 not that you are married.?You must stick with the K-3/CR-1.

 

Second, fire your lawyer if your daugher is not married.?A K-4 is available to your unmarried daughter up to age 21.?This is from the USCIS website http://uscis.gov/graphics/howdoi/hdiknonimm.htm and is the source of tywy's post:

 

Who is Eligible?

 

A person may receive a K-3 visa if that person:

 

has concluded a valid marriage with a citizen of the United States;

has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

 

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

 

Your lawyer may have confused the K-3 with the CR-2 where the rules are different.

178771[/snapback]

Is there not also a complication to overcome if the child was already 18 at the time of the marriage? Not a disqualification for K3 but a complication.

178773[/snapback]

Look at papa bears old post.

It's only complicated if you make it that way. It's actually simple! It's the seemingly endless waiting that is so damn hard!!

178775[/snapback]

By complication, I mean something that must be done differently. It's a yes or no question for now but it may be relevant depending on the age of the OP's child at the time they were married.

178782[/snapback]

That's the paradox. A K4 is obtainable up to 21 from the I-129F filing by the step-parent, usually an USC, but the I-130 can only be filed by the step-parent up to age 18. This is the emancipation age set by law. After 18, the maternal (or paternal) guardian can file the I-130 after they achieve LPR status.

 

Disqualification for K4 would either be the son/daughter is married or over 21. In that case they would have to wait for visa approval being that they would fall into a different visa catagory with preferences.

 

This is what was being discussed in the old post. Still simple stuff. RTFM!

178792[/snapback]

Regardless of how simple it is, it means that if the child was 18 at the time of the marriage, the OP's attorney was correct in saying the child cannot come to USA "WITH" the mother on a K4. That's why I asked the first question. It may well be the issue. No?

[frank1538]

I may have provided erroneous information and for this I apologize. For whatever reason, I was assuming that you got married before your daughter turned 18. If she was already 18 then there may be a problem. The problem is that it may still be the government's position that an immigrant visa petition must have been filed for the daugther which the US citizen cannot do unless the marriage took place before the daughter turned 18. Take a look at http://candleforlove.com/forums/index.php?showtopic=11771 for some more information on the issue.

[Guest pushbrk]

No.

178798[/snapback]

I'm on the webcam with my wife, so I'll let you and Frank hash this out. I'm with Frank.

[tywy_99]

The age for K4 is the same as for K2- 21 years old. K visas are NIV.

 

The age of 18 only comes in play with the immigrant petiton (I-130).

 

The USC will not be able to petition for the "child" if the step-parent relationship was established after the age of 18. The K4 "child" will need the I-130 filed once the parent acheives LPR.