Just started the process

[MRMC]

My advice is always have patience. Check any form you submit at least once after you complete it. Follow checklists to make sure you enclose any required photos and fees. Verify any information you receive and all should be great.

[artmill4]

Hi, my fiance and I have just started this process; filing the initial application plus the new "criminal background check" form in California at the beginning of July.  I have known my fiance since Oct. 2004 and have visited three times.  She speaks English fluently and has a Chinese MD degree.  We met online.  I am making another short trip within a month or two.

 

I have a house, good job, and am OK financially.  Does anyone have any tips or warnings they would like to impart to me ....  Any information at all would be appreciated.  Thanks, much.

 

Robert and Cecily

234751[/snapback]

Welcome to CFL. It is a great place if you have interest in the process of immigration from China to America.

[Randy W]

BTW: her daughter goes to college in the US.?She will turn 21 next summer, I am hopeful that we also can get her a visa through the fiance visa process prior to her turning 21.?We have an attorney working on it.?nbsp;

 

Any other thoughts??Thanks again,

 

Robert

234758[/snapback]

 

 

 

The form I-485 seems to say that she can simply file for Adjustment of Status with her mother:

 

Who May File?

 

Based on an immigrant petition.

 

You may apply to adjust your status if:

 

An immigrant visa number is immediately available to you based on an approved immigrant petition; or

 

You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you.

 

Based on being the spouse or child (derivative) - at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children.

 

If the spouse or child is in the United States, the individual derivatives may file their Form I-485adjustment of status applications concurrently with the Form I-485 for the principal applicant, or file the Form I-485 at anytime after the principal is approved, if a visa number is available.

 

while the instructions say :

 

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

. .  .

[PapaBear]

BTW: her daughter goes to college in the US.?She will turn 21 next summer, I am hopeful that we also can get her a visa through the fiance visa process prior to her turning 21.?We have an attorney working on it.?nbsp;

 

Any other thoughts??Thanks again,

 

Robert

234758[/snapback]

 

 

One more - If she is here already on a student visa, can she file to Adjust Status as the daughter of a K-1 without getting a K-2?

 

It seems like a second visa would be redundant, and may require a trip to China without having a return visa in hand (student visas are single entry).

234903[/snapback]

Randy....maybe you are right.... I'm not an expert

 

If the daughter can be given a visa number without an I-130, you could be right.

 

But if she needs an approved I-130, I think there may be a problem. Read the instructions to the I-130 Sec. 3©.

 

Again, I hope I'm wrong and the process for getting the 20 year old daughter here goes without a hitch. Family belongs together!

 

PapaBear B)

[Randy W]

BTW: her daughter goes to college in the US.?She will turn 21 next summer, I am hopeful that we also can get her a visa through the fiance visa process prior to her turning 21.?We have an attorney working on it.?nbsp;

 

Any other thoughts??Thanks again,

 

Robert

234758[/snapback]

 

 

One more - If she is here already on a student visa, can she file to Adjust Status as the daughter of a K-1 without getting a K-2?

 

It seems like a second visa would be redundant, and may require a trip to China without having a return visa in hand (student visas are single entry).

234903[/snapback]

Randy....maybe you are right.... I'm not an expert

 

If the daughter can be given a visa number without an I-130, you could be right.

 

But if she needs an approved I-130, I think there may be a problem. Read the instructions to the I-130 Sec. 3?

 

Again, I hope I'm wrong and the process for getting the 20 year old daughter here goes without a hitch. Family belongs together!

 

PapaBear B)

235009[/snapback]

 

 

The I-485 instructions also say that you can file an I-130 with the I-485. I'm not sure, but I think that's only necessary if it's been more than a year after the K-1 was followed. That is, the "follow-to-join" status is still valid.

 

Section 2 of the I-130 says that you may file for the daughter (under 21) of an LPR.

 

I don't think we've heard from anyone who has experience with this, so be sure to check with an immigration lawyer.

 

The two saving graces here are the K-1 "follow-to-join", valid for one year after the issuance of the K-1, and that she can file the I-485 simultaneously with her mother for LPR status, as opposed to applying as the step-child of an American citizen (again, this is my own understanding).

Edited August 1, 2006 by Randy W (see edit history)

[PapaBear]

The I-485 Instructions look like they require an approved I-130 for each person adjusting their status....

 

* Family-Based Applications

 

* Immediate Relatives

 

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

 

I-485, Application to Register Permanent Residence or to Adjust Status

 

G-325A, Biographic Information

 

Your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).

 

I-864, Affidavit of Support

 

I-693, Medical Examination of Aliens Seeking Adjustment of Status

 

All required supporting documentation as listed on the above forms.

 

---------------

 

The bottom line is.....talk to a competent immigration attorney and know for sure.

 

PapaBear

[david_dawei]

The two saving graces here are the K-1 "follow-to-join", valid for one year after the issuance of the K-1, and that she can file the I-485 simultaneously with her mother for LPR status, as opposed to applying as the step-child of an American citizen (again, this is my own understanding).

235012[/snapback]

if she follows to join, then she's probably not filing simultaneously with the mother, right?

 

So, another saving grace is that a follow to join (K2) can file for adjustment of status even after the (K1) mother has adjusted... but I think this [k2 filing] has to happen prior to her turning 21.

[david_dawei]

The I-485 Instructions look like they require an approved I-130 for each person adjusting their status....

 

*  Family-Based Applications

 

    *  Immediate Relatives

 

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

 

I-485, Application to Register Permanent Residence or to Adjust Status

 

G-325A, Biographic Information

 

Your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).

 

I-864, Affidavit of Support

 

I-693, Medical Examination of Aliens Seeking Adjustment of Status

 

All required supporting documentation as listed on the above forms.

 

---------------

 

The bottom line is.....talk to a competent immigration attorney and know for sure. 

 

PapaBear

235018[/snapback]

I-130 is not used for K1/K2 adjustment filing...

[Randy W]

but what I'm thinking is that she doesn't need a K-2, since she's already here on a student visa. Perhaps the "follow-to-join" doesn't apply.

[PapaBear]

Isn't the question here really.....not the visa to get her here, there's no problem there, be it K2 or K4, both will allow the dependent child to follow. The real question is....adjustment of status so she can get a green card. Now, if she is already in the US via a work visa, of course there is no problem getting here. And if her employer wishes, he/she can sponser the daughter for a green card. But the marriage visa process to gain perminent residency may have serious problems for an under age dependent between the ages of 18-21.

 

I wish I were saying this without experience!

 

PapaBear B)

[david_dawei]

but what I'm thinking is that she doesn't need a K-2, since she's already here on a student visa. Perhaps the "follow-to-join" doesn't apply.

235021[/snapback]

That may be.. it's an interesting idea they should look into it... (I just wanted to clarify any K2 issues).

[Randy W]

Isn't the question here really.....not the visa to get her here, there's no problem there, be it K2 or K4, both will allow the dependent child to follow.  The real question is....adjustment of status so she can get a green card.  Now, if she is already in the US via a work visa, of course there is no problem getting here.  And if her employer wishes, he/she can sponser the daughter for a green card.  But the marriage visa process to gain perminent residency may have serious problems for an under age dependent between the ages of 18-21.

 

I wish I were saying this without experience!

 

PapaBear B)

235022[/snapback]

 

 

But the work visa process to LPR is no problem - IF she gets an employer to sponsor her. Where I work, there are many Chinese people who have followed this path. Those on a student visa have a year to find employment after graduation.

 

If I'm reading the I-130 and I-485 instructions correctly (mighty big IF there), her mother, as an LPR or LPR applicant, can file simultaneously with her daughter so that both can get their green card, provided they file before the daughter turns 21.

 

The K-3 and K-1 processes are very different with regards to the case where the child is over 18 at the time of marriage. We are bringing my wife's son over (K-1 follow-to-join), and hope to be able to file for AOS for him before he turns 21 in December.

[PapaBear]

Isn't the question here really.....not the visa to get her here, there's no problem there, be it K2 or K4, both will allow the dependent child to follow.  The real question is....adjustment of status so she can get a green card.  Now, if she is already in the US via a work visa, of course there is no problem getting here.  And if her employer wishes, he/she can sponser the daughter for a green card.  But the marriage visa process to gain perminent residency may have serious problems for an under age dependent between the ages of 18-21.

 

I wish I were saying this without experience!

 

PapaBear B)

235022[/snapback]

 

 

But the work visa process to LPR is no problem - IF she gets an employer to sponsor her. Where I work, there are many Chinese people who have followed this path. Those on a student visa have a year to find employment after graduation.

 

If I'm reading the I-130 and I-485 instructions correctly (mighty big IF there), her mother, as an LPR or LPR applicant, can file simultaneously with her daughter so that both can get their green card, provided they file before the daughter turns 21.

 

The K-3 and K-1 processes are very different with regards to the case where the child is over 18 at the time of marriage. We are bringing my wife's son over (K-1 follow-to-join), and hope to be able to file for AOS for him before he turns 21 in December.

235029[/snapback]

B) Ooops!

 

I guess I really need to go to the K Visa regulations/specifics and read again. I was pretty sure the K2/K4 provisions were almost identical. But you know what?

 

I have been wrong many times before.....so maybe it's not surprising I am wong here. Maybe that's why I am hesitant to post often. Sorry about that!

 

PapaBear B)

Edited August 1, 2006 by PapaBear (see edit history)

[PapaBear]

For Your Reading Enjoyment - Food For Thought

 

The following is taken directly from:

 

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

 

[Federal Register: August 14, 2001 (Volume 66, Number 157)]

[Rules and Regulations]

[Page 42587-42595]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14au01-1]

 

 

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

Rules and Regulations

Federal Register

________________________________________________________________________

 

This section of the FEDERAL REGISTER contains regulatory documents

having general applicability and legal effect, most of which are keyed

to and codified in the Code of Federal Regulations, which is published

under 50 titles pursuant to 44 U.S.C. 1510.

 

The Code of Federal Regulations is sold by the Superintendent of Documents.

Prices of new books are listed in the first FEDERAL REGISTER issue of each

week.

 

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

 

[[Page 42587]]

 

DEPARTMENT OF JUSTICE

 

Immigration and Naturalization Service

 

8 CFR Parts 212, 214, 245, 248, and 274a

 

[iNS No. 2127-01]

RIN 1115-AG12

 

``K'' Nonimmigrant Classification for Spouses of U.S. Citizens

and Their Children Under the Legal Immigration Family Equity Act of

2000

 

AGENCY: Immigration and Naturalization Service, Justice.

 

 

B. Analysis of LIFE Section 1103

 

Subsection 1103(a) of LIFE amends section 101(a)(15)(K) of the Act.

Prior to LIFE, the K nonimmigrant classification was limited to the

fiance/fiancee of a U.S. citizen and the fiance/fiancee's children.

This classification still exists, and LIFE section 1103(a) redesignates

it as section 101(a)(15)(K)(i) of the Act, with the fiance/fiancee's

children now classified at section 101(a)(15)(K)(iii) of the Act.

 

LIFE section 1103 (a) adds a classification for the spouse of a U.S.

citizen at section 101(a)(15)(K)(ii) of the Act. The new section

101(a)(15)(K)(ii) of the Act has three requirements for an alien to

obtain this nonimmigrant classification.

 

First, the alien must already be married to a U.S. citizen who has filed a relative visa petition on his or her behalf with the Service for purposes of an immigrant visa.

 

Second, that same U.S. citizen spouse must be petitioning on that

alien's behalf to

 

[[Page 42588]]

 

obtain a nonimmigrant visa.

 

Third, the alien must be seeking to enter the United States to wait the ``availability of an immigrant visa.''

 

Section 1103(a) also classifies the children of (K)(ii) aliens under

section 101(a)(15)(K)(iii) of the Act.

 

Subsection 1103(B) adds a new subsection (p) to section 214 of the

Act, which generally covers admission of nonimmigrants. Subsection

214(p) of the Act is divided into three paragraphs:

 

The new section 214(p)(1) of the Act requires the

petitioner to file a petition in the United States for the purpose of

obtaining nonimmigrant K status for his or her spouse. The petition

must be approved by the Service prior to the issuance of the

nonimmigrant visa by the consular officer abroad.

 

The new section 214(p)(2) of the Act requires the alien

described in section 101(a)(15)(K)(ii) of the Act to be in possession

of the nonimmigrant K visa as a spouse at the time of admission, and

that the visa must be issued from the same foreign state in which the

marriage occurred, if the marriage occurred outside of the United

States. This rule provides an exception when the United States does not

have a visa issuing post in that state.

 

The new section 214(p)(3) of the Act provides that the new

nonimmigrant K status will terminate 30 days following the denial of

the relative visa petition or application for immigrant status based on

such a petition. Therefore, if the Form I-130, Petition for Alien

Relative, the immigrant visa application, or the adjustment of status

application of an alien admitted under section 101(a)(15)(K)(ii) of the

Act, or the child of such an alien who accompanied or followed to join

such an alien, is subsequently denied, the spouse and child's K

nonimmigrant status will terminate automatically 30 days later and the

alien(s) must leave the United States. For purposes of termination of

the new K statuses, these petitions or applications are denied when the

applicable administrative appeal has been exhausted, or the period to

appeal has expired.

 

 

Pretty dry reading. As always.....get a competent attorney to really go over the in's and out's and any loop-holes. We couldn't find a competent attorney....in my opinion.

 

PapaBear

 

PS. Adjustment of Status requires an approved I-130 for each appliciant individually.

Edited August 1, 2006 by PapaBear (see edit history)

[david_dawei]

For Your Reading Enjoyment - Food For Thought

 

The following is taken directly from:

 

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

 

[Federal Register: August 14, 2001 (Volume 66, Number 157)]

[Rules and Regulations]             

[Page 42587-42595]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14au01-1]                       

 

 

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

Rules and Regulations

                                                Federal Register

________________________________________________________________________

 

This section of the FEDERAL REGISTER contains regulatory documents

having general applicability and legal effect, most of which are keyed

to and codified in the Code of Federal Regulations, which is published

under 50 titles pursuant to 44 U.S.C. 1510.

 

The Code of Federal Regulations is sold by the Superintendent of Documents.

Prices of new books are listed in the first FEDERAL REGISTER issue of each

week.

 

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

 

[[Page 42587]]

 

DEPARTMENT OF JUSTICE

 

Immigration and Naturalization Service

 

8 CFR Parts 212, 214, 245, 248, and 274a

 

[iNS No. 2127-01]

RIN 1115-AG12

 

``K'' Nonimmigrant Classification for Spouses of U.S. Citizens

and Their Children Under the Legal Immigration Family Equity Act of

2000

 

AGENCY: Immigration and Naturalization Service, Justice.

 

 

B. Analysis of LIFE Section 1103

 

    Subsection 1103(a) of LIFE amends section 101(a)(15)(K) of the Act.

Prior to LIFE, the K nonimmigrant classification was limited to the

fiance/fiancee of a U.S. citizen and the fiance/fiancee's children.

This classification still exists, and LIFE section 1103(a) redesignates

it as section 101(a)(15)(K)(i) of the Act, with the fiance/fiancee's

children now classified at section 101(a)(15)(K)(iii) of the Act.

 

    LIFE section 1103 (a) adds a classification for the spouse of a U.S.

citizen at section 101(a)(15)(K)(ii) of the Act. The new section

101(a)(15)(K)(ii) of the Act has three requirements for an alien to

obtain this nonimmigrant classification.

 

First, the alien must already be married to a U.S. citizen who has filed a relative visa petition on his or her behalf with the Service for purposes of an immigrant visa.

 

Second, that same U.S. citizen spouse must be petitioning on that

alien's behalf to

 

[[Page 42588]]

 

obtain a nonimmigrant visa.

 

Third, the alien must be seeking to enter the United States to wait the ``availability of an immigrant visa.''

 

Section 1103(a) also classifies the children of (K)(ii) aliens under

section 101(a)(15)(K)(iii) of the Act.

 

    Subsection 1103(B) adds a new subsection (p) to section 214 of the

Act, which generally covers admission of nonimmigrants. Subsection

214(p) of the Act is divided into three paragraphs:

 

    The new section 214(p)(1) of the Act requires the

petitioner to file a petition in the United States for the purpose of

obtaining nonimmigrant K status for his or her spouse. The petition

must be approved by the Service prior to the issuance of the

nonimmigrant visa by the consular officer abroad.

 

    The new section 214(p)(2) of the Act requires the alien

described in section 101(a)(15)(K)(ii) of the Act to be in possession

of the nonimmigrant K visa as a spouse at the time of admission, and

that the visa must be issued from the same foreign state in which the

marriage occurred, if the marriage occurred outside of the United

States. This rule provides an exception when the United States does not

have a visa issuing post in that state.

 

    The new section 214(p)(3) of the Act provides that the new

nonimmigrant K status will terminate 30 days following the denial of

the relative visa petition or application for immigrant status based on

such a petition. Therefore, if the Form I-130, Petition for Alien

Relative, the immigrant visa application, or the adjustment of status

application of an alien admitted under section 101(a)(15)(K)(ii) of the

Act, or the child of such an alien who accompanied or followed to join

such an alien, is subsequently denied, the spouse and child's K

nonimmigrant status will terminate automatically 30 days later and the

alien(s) must leave the United States. For purposes of termination of

the new K statuses, these petitions or applications are denied when the

applicable administrative appeal has been exhausted, or the period to

appeal has expired.

 

 

Pretty dry reading.  As always.....get a competent attorney to really go over the in's and out's and any loop-holes.  We couldn't find a competent attorney....in my opinion.

 

PapaBear B)

 

PS.  Adjustment of Status requires an approved I-130 for each appliciant individually.

235039[/snapback]

The OP is K1/K2; K1/K2 DO NOT FILE AN I-130 for adjustment of status.

 

K1 and K3 have some difference for visa issues, adjustment issues, and derivative status issues.

 

This Federal Register section is for K3/K4 ... See "spouse" , "life section" mentioned throughout the section... The K3/K3 are "new statuses" and this section concerns them.