I'm just a little confused

[Martytb]

This may be a lame question, but.............

 

How do I (and why do I have to) apply for a visa for my step daughter if she is already here on a K-4? I sent in her AOS and EAP and had the AOS returned.

There is no record of an I-130 having been applied for.

She was given an EA card, and after a six month wait finally received her SS#.

 

I've been putting this off for a while to make sure she wasn't going to decide to head back to China after being here and finding that she didn't like it. She's 19 and can do as she pleases.

I'm not even sure what evidence needs to be submitted with the application, and can't find any info on the USCIS web site.

 

Any advice would be helpful.

[tywy_99]

Hi Marty,

 

Check into that procedure of filing the I-130 and the I-485 concurrently. That, I believe, is the way to proceed when they are already here in the US.

 

-good luck

[Martytb]

Hi Marty,

 

Check into that procedure of filing the I-130 and the I-485 concurrently. That, I believe, is the way to proceed when they are already here in the US.

 

-good luck

208635[/snapback]

Thanks tywy_99!!!!!

 

I'm putting together the I-130 and sending it in with the I-485.

I'm still scratching my head though. Preparing the I-130 while the step daughter is here already doesn't seem to make much sense.

 

Oh....I'm sorry...there's this paper reduction act in place, so we need to generate more paperwork.

[david_dawei]

Spouse and Fiance(e) of an American Citizen

http://travel.state.gov/visa/immigrants/ty...es_1315.html#3a

 

 

How do I qualify for a child of a spouse (K-4) nonimmigrant visa status?

 

To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

 

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.