I-129F K3 Children Question

[JonathanM]

Hello,

 

I am very happy to be part of " A Candle for Love" community. I'm little confused if I should list my wife's child on the I-129F question 13. The child lives with the ex-husband and there will be no plans for the child to immigrate to the US right now. I did list the child on the I-130 that I just sent into USCIS.

 

Thanks so much!!!

Edited September 10, 2009 by JonathanM (see edit history)

[warpedbored]

It says list all children of your alien fiancee. It's not asking if they are coming. Go ahead and list them. Besides you never know. She may decide later she wants to bring the child.

[JonathanM]

It says list all children of your alien fiancee. It's not asking if they are coming. Go ahead and list them. Besides you never know. She may decide later she wants to bring the child.

 

 

Thank you.

 

[dnoblett]

A few notes:

 

K-4 Follow to Join is only available for up to 1 year after parent gets the K-3, after that and you will need to file an I-130 for a visa for child.

 

Child needs to be younger than age 18 at the time of marriage for you to file I-130 either for a CR-2 or to adjust status from a K-4 visa.

 

If you know that it may be some time before the child may immigrate, then consider just doing CR-1 spousal visa, and then later IF it is decided to bring child to the USA file an I-130 for a CR-2/IR-2 visa for child.

 

A key factor here is the child MUST immigrate and be approved for a Green-card BEFORE the child's 21st birthday.

[Randy W]

 

A key factor here is the child MUST immigrate and be approved for a Green-card BEFORE the child's 21st birthday.

 

 

This is not true for K-4's - an I-130 must be filed (not for the visa, but to adjust status), and the only restrictions there, are:

 

1) The child must have been under 18 in order for the American citizen to file for his "child for immigration purposes" (like you said)

 

2) The I-130 must be FILED before the child becomes 21 (i.e., no longer a child)

 

The Child Status Protection Act freezes the age of the child at the time the I-130 is filed.

 

As long as the child is listed on the I-129F, he is eligible for the K-4 up to one year after the mother uses her K-3/

Edited September 10, 2009 by Randy W (see edit history)

[dnoblett]

 

A key factor here is the child MUST immigrate and be approved for a Green-card BEFORE the child's 21st birthday.

 

 

This is not true for K-4's - an I-130 must be filed, and the only restrictions there, are:

 

1) The child must have been under 18 in order for the American citizen to file for his "child for immigration purposes" (like you said)

 

2) The I-130 must be FILED before the child becomes 21 (i.e., no longer a child)

 

The Child Status Protection Act freezes the age of the child at the time the I-130 is filed.

Good catch. Thanks for the correction!