K3 & CR2

[SheLikesME?]

If my wife comes to America alone on a K3 and files for change of status, then returns to China to finish the MBA, can her daughter still get the CR2 while they are in China?

 

Or, does my wife need to get the K3 & 4 at the same time? What she wants to do is make a visit to USA and leave her daughter in China until they move here permamantly. Can she file for change of status in the USA for both of them if the child remains in China on this first trip to USA?

 

I guess she is concerned because a friend of hers came to USA on a K3 and then returned to China for the CR1. It is now 2 years and she still does not have the CR1. I guess you cannot return to the USA on a K3/4 unless you file for change of status on that first trip.

 

Guess I have more than one question here. Sorry.

Doug

[LeeFisher3]

Doug, the K-3/4 visa is a multiple entry visa that has a 2 year life so your wife could enter and leave as she desires during that 2 years. It is possible to extend this status, but you would need to apply for AOS at that same time (or that is my understanding of Form I-539)

 

If your wife completes her adjustment of status the K-4 status no longer exists.

 

It is very possible for your wife and daughter to go for their K-3/4 interview and receive them. Your wife to come to the US and return to China to continue her studies and wait for the CR-1/2 interview in GZ.

 

So if they both get their visa in September 2006, it will be good until September 2008 and you could continue the CR1/2 cases you have going and do the CR1/2 interviews in GZ. Your daughter would not have to enter the US for 2 years, if I understand the Reciprocity Schedule for China correctly.

 

In the worst possible case where the CR1/2 case would not make it to GZ for interview and issuance of visa in that 2 years they would both need to be in the US to file for AOS and the extension of the K3/4 status which would allow them to return to China. I believe the extension is for 1 year.

 

I'd say for both of them to go for the K3/4 visa interview and get things moving, because you have time to make other decisions later and the CR1/2 case can be pursued.

 

I would be cautious of your wife remaining out of the US for more than 12 months after her first entry, this can create other issues.

[david_dawei]

Two thoughts:

 

- I don't think you want your wife filing for adjustment without the daughter... if it ran it's course to quickly without the daughter a part of the filing, then the daughter could lose her K4 status (really lee's second point).

- You could have the daughter do "follow to join" and I think she has one year to get the visa, which is then a two year multi-entry... giving her really three years flexibility...

 

I think the cleanest way is to do as lee says: They both get the K3/K4 interview at same time... then you have two years to figure things out.

 

I would also caution that the K3/K4 (Life Act) was meant in spirit to bring the alien spouse (and children) to the US while the visa processing of the IV (CR1) continues... The understanding is that the two years is given to provide ample time to pursue the adjustment phase; either as consular adjustment (ie: CR1 interview in GUZ) or US adjustment (K3/K4 filing adjustment). So, you definitely want to be showing signs of pursuing something and not just killing time, say for an extension.

 

Be thoughtful and work towards something. I think you can get the visas and go back to china, for the CR1... The friend's issue is their issue. I would not worry about whatever it was they ran into...

[SheLikesME?]

Thanks guys, I really apreciate the input and it is similar to mine. We decided or I told her to get this K3/4 IN HAND. I agree with you guys 100%, and maybe why I was posting so crazy about July 19 when she put it off trying to make it coordinate with her out of town class in Shenzhen. I think it was sort of a subconscience reaction. I made it clear to just figure 2 or 3 trips as needed down South. Forget the cost and quit her job totally if necissary to get time away. Dang she gave them a year notice and end of Sept or so it will be a year. This cost business is drivng me nuts. I like to get things DONE.

 

Now to further the issue:

 

1) Can she multi entry on the K3 without filing change of status on the first visit to the USA? Her fear is that she cannot come to the USA but once on the K3, if she returns to China for the CR1/2.

 

2) Does she need to take her daughter with her to GZ to get the K4, or does it come automatic with the K3? Daughter is a night train ride North of her and in an accelerated school.

 

3) So if you can only come once on a K3/4 without filing for AOS, and if she comes alone on the first trip and files AOS, then she cannot file AOS on her daughter without her daughter being here with her on that first trip, right?

 

Thanks for any input. I just want to check my interpretations and misunderstandings with some of you good experts.

[LeeFisher3]

Thanks guys, I really apreciate the input and it is similar to mine.  We decided or I told her to get this K3/4 IN HAND.  I agree with you guys 100%, and maybe why I was posting so crazy about July 19 when she put it off trying to make it coordinate with her out of town class in Shenzhen.  I think it was sort of a subconscience reaction.  I made it clear to just figure 2 or 3 trips as needed down South.  Forget the cost and quit her job totally if necissary to get time away.  Dang she gave them a year notice and end of Sept or so it will be a year.  This cost business is drivng me nuts.  I like to get things DONE.

 

Now to further the issue:

 

1) Can she multi entry on the K3 without filing change of status on the first visit to the USA?  Her fear is that she cannot come to the USA but once on the K3, if she returns to China for the CR1/2.

 

2) Does she need to take her daughter with her to GZ to get the K4, or does it come automatic with the K3?  Daughter is a night train ride North of her and in an accelerated school.

 

3) So if you can only come once on a K3/4 without filing for AOS, and if she comes alone on the first trip and files AOS, then she cannot file AOS on her daughter without her daughter being here with her on that first trip, right?

 

Thanks for any input.  I just want to check my interpretations and misunderstandings with some of you good experts.

237880[/snapback]

The K-3/4 visa is a multi-entry visa, she can come and go as she pleases until the stamp expires(2 years). She does not need to file AOS before leaving the US the first time.

 

Your daughter MUST attend the interview in GZ to get a visa, they don't seem to make an exception to this one.

 

The K-1 visa is a single entry visa and you must file for AOS and AP to be able to leave the US and return. That doesn't apply to you.

 

Postponing the interview too many times may cause a red-flag in GZ's eyes. She just needs to take your daughter with her and get this done.

[SheLikesME?]

Got it. Saw some conflicting words in my reading. I will give her this link. This is the first time she actually asked me to ask a question here, as she usually wants me to stay away from CFL.

 

Thanks

[LeeFisher3]

Got it.  Saw some conflicting words in my reading.  I will give her this link.  This is the first time she actually asked me to ask a question here, as she usually wants me to stay away from CFL.

 

Thanks

237921[/snapback]

Have her call Mr Yang or Mr Xie to arrange a room for the two of them in GZ. Either one will take good care of them in GZ.

[SheLikesME?]

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

 

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application.

 

 

 

I think I was reading this wrong. Both of us were.

[SheLikesME?]

Thanks Lee, Yes we have to prepare now. I wonder about this frined of hers now. Went on a K-1 maybe and didn't file for the change, and now in a CR1 hell of some kind? Makes no sense.

 

Thanks,

Doug

[LeeFisher3]

Thanks Lee, Yes we have to prepare now.  I wonder about this frined of hers now.  Went on a K-1 maybe and didn't file for the change, and now in a CR1 hell of some kind?  Makes no sense.

 

Thanks,

Doug

237926[/snapback]

Lots of stuff gets lost in the translation, not only English/Chinese but between the different types of visas. Of course the USCIS doesn't help to make things very clear in many cases.

[SheLikesME?]

To continue the questions.

 

1) If my wife gets only the K3 and visits the USA without her daughter. Then she returns to wait on the CR1, is her daughter still active as a CR2 case with her, even though a K4 was never completed?

 

2) I hate to ask this question, but she keeps asking me...: If my wife goes alone for the K3 and she decides to file AOS here in the the US at some time in the future, say on a second visit or something, can her daughter still get a get a CR2 before her AOS is completed? If not I guess I need to look up that proceedure.

Edited August 25, 2006 by SheLikesME (see edit history)

[david_dawei]

To continue the questions.

 

1)  If my wife gets only the K3 and visits the USA without her daughter.  Then she returns to wait on the CR1, is her daughter still active as a CR2 case with her, even though a K4 was never completed?

 

2)  I hate to ask this question, but she keeps asking me...: If my wife goes alone for the K3 and she decides to file AOS here in the the US at some time in the future, say on a second visit or something, can her daughter still get a get a CR2 before her AOS is completed?  If not I guess I need to look up that proceedure.

240355[/snapback]

I see your first question asking about the two visa paths; the second one asking about the two adjustment paths...

 

K vs CR

1. Think of the K and CR process as distinct paths (although there is some synergy once they are 'combined'--security check can be shared). If the mother gets the K4 using the "Life Act" option (meant to bring someone to the US to await CR processing), it does not mean the daughter has to. If she has a valid up to date CR path, she can pursue this.

 

The problems are the mother attempting to pursue the K path for adjustment and risking the daughter to lose her K derivative status. The safe bet is for both to pursue the same adjustment stage...

 

Adjustment of status vs consular processing

2. Good question... We have to be clear about the idea of pursuing BOTH adjustment process vs initiating a change [in venue] of the adjustment process. The former issue appears to be prohibited, and from my reading you can cause some abandonment issues of the case if you try to pursue both simultaneously. The latter idea (transfer an adjustment from US > China or China > US) is permitted, but I'm not sure how difficult, etc. The case can only be at one place at one time; either with the local INS office or the consular office...

 

To repeat myself, it seems the best approach is for both to pursue the same adjustment path, without effecting a change. That's my opinion based on what little reading I've done.. that should not dissuade you from finding out better info (and hopefully others who know this issue will comment or correct me).

 

I would suggest that my coverage is lacking overall, so I would recommend you might find a lawyer to ask.. but one who truly understands this dual adjustment path and specifically the changing of venues...

 

These are maybe good questions to GUZSpeak, but you'd have to make the question appear general and not specific to your own case..

[Guest pushbrk]

To continue the questions.

 

1)  If my wife gets only the K3 and visits the USA without her daughter.  Then she returns to wait on the CR1, is her daughter still active as a CR2 case with her, even though a K4 was never completed?

 

2)  I hate to ask this question, but she keeps asking me...: If my wife goes alone for the K3 and she decides to file AOS here in the the US at some time in the future, say on a second visit or something, can her daughter still get a get a CR2 before her AOS is completed?  If not I guess I need to look up that proceedure.

240355[/snapback]

Question 1, yes. Your wife can come and go on the K3 visa while the CR1/2 is continuing. Then both can interview for CR visas when the time comes.

 

2. If you wife DOES NOT file AOS in the States you are OK. I'm not sure why she would want to file AOS here on her first visit but certainly if she DOES not, you are ok. If there is a reason to do so, I don't know what the outcome would be.

 

The simplest way is often the most successful.

 

I would decide on my preferred path and then post a general question about that path in GUZ Speaks. Something like.

 

Are there any pitfalls for a spouse choosing to come to the USA on a K3 while leaving their child in China until time to return for a CR1/CR2 interview? If the child doesn't intend to use K4, can they just wait and skip the K interview?

[frank1538]

I ran across this from another consulate's website: http://santodomingo.usembassy.gov/Consular...faq-answers.htm

 

"I am married to a U.S. citizen and am waiting for my adjustment of status interview in the United States. My child, who is my spouse's stepchild, is in the Dominican Republic and is about to have a legal permanent resident visa interview. Do I have to become a legal permanent resident before my child can be issued an immigrant visa?

 

No. There is no requirement that you ever become a legal permanent resident. However, in order for your child to qualify as your spouse's stepchild, the consular officer must be convinced that your marriage is legitimate for immigration purposes. The most direct way for the consular officer to know that the marriage is bona fide is for U.S. Citizenship and Immigration Services of the Department of Homeland Security to have adjusted your status to that of legal permanent resident. If you are not yet a legal permanent resident, the consular officer may require alternative evidence (e.g., joint rental agreements, bank statements, phone bills, photographs, etc.). You and your spouse may even be invited to the Consular Section for an interview with the consular officer."

 

I read thisFAQ as responsive to the situation where the spouse comes to the US on a K-3, but the step child does not. Rather the step child is still in the foreign country waiting for for the CR-2 interview. It certainly sounds like having the K-3 spouse file for AOS does not impact the CR-2 other than with respect to proof of a valid marriage, it being suggested that having the K-3 spouse already adjusted to legal permanent resident might be preferable in terms of proof.

 

Since a K-4 visa is a derivative visa, should the spouse actually get adjusted to that of a legal permanent resident, I am guessing, for don't know for a fact, that the K-4 will not longer be available to the step child or, if issued in a follow to join setting, might well be invalidated.

[david_dawei]

I ran across this from another consulate's website:  http://santodomingo.usembassy.gov/Consular...faq-answers.htm

 

"I am married to a U.S. citizen and am waiting for my adjustment of status interview in the United States. My child, who is my spouse's stepchild, is in the Dominican Republic and is about to have a legal permanent resident visa interview. Do I have to become a legal permanent resident before my child can be issued an immigrant visa?

 

No. There is no requirement that you ever become a legal permanent resident. However, in order for your child to qualify as your spouse's stepchild, the consular officer must be convinced that your marriage is legitimate for immigration purposes. The most direct way for the consular officer to know that the marriage is bona fide is for U.S. Citizenship and Immigration Services of the Department of Homeland Security to have adjusted your status to that of legal permanent resident. If you are not yet a legal permanent resident, the consular officer may require alternative evidence (e.g., joint rental agreements, bank statements, phone bills, photographs, etc.). You and your spouse may even be invited to the Consular Section for an interview with the consular officer."

 

I read thisFAQ as responsive to the situation where the spouse comes to the US on a K-3, but the step child does not.  Rather the step child is still in the foreign country waiting for for the CR-2 interview.  It certainly sounds like having the K-3 spouse file for AOS does not impact the CR-2 other than with respect to proof of a valid marriage, it being suggested that having the K-3 spouse already adjusted to legal permanent resident might be preferable in terms of proof.

 

Since a K-4 visa is a derivative visa, should the spouse actually get adjusted to that of a legal permanent resident, I am guessing, for don't know for a fact, that the K-4 will not longer be available to the step child or, if issued in a follow to join setting, might well be invalidated.

240592[/snapback]

The open question I see stated, is how the cases can be at two places at the same time; Mother starts adjustment and goes back to china to let the child do the CR2 interview (before adjustment in US is complete).

 

Maybe they will allow the CR1 case to be moved to the US and the CR2 case to stay in China.. so one would want to try and ensure that happens if you attempt this. I suppose there is no reason for the CR2 case to be moved to the US since no visa was issued yet.. Just make sure they stay split apart if pursuing this.

 

I agree with the K3/K4 risk.. if the K3 adjusts completely to a LPR, then the K4 is most likely invalid... but the CR2 is still valid..