Question for Chinese friend

[timb]

My girlfriends best friend wants to know, if she comes to the USA on a K1 or K3 visa, can her daughter remain in China for an indefinite amount time until she feels it is safe for the daughter to join her in USA?

 

If daughter will remain in China for an undetermined time, does this change the K2 or visa process?

 

Please advise.

[dnoblett]

My girlfriends best friend wants to know, if she comes to the USA on a K1 or K3 visa, can her daughter remain in China for an indefinite amount time until she feels it is safe for the daughter to join her in USA?

 

If daughter will remain in China for an undetermined time, does this change the K2 or visa process?

 

Please advise.

Once a person has a K-Visa, the child needs to follow on their K-2 or K-4 visa within 1 year after the parent.

 

If not then the US Citizen spouse will need to file an I-130 for an immigrant visa for the child.

 

Other requirements for filing I-130 is that the marriage needs to take place before child's 18th birthday. After that and only the green-card holder can file the I-130 for child, and this is subject to visa number quotas so can take years to get a visa for the following child.

[timb]

Does she need to apply for the K2 or K4 at same time, or can that be after she receives her K1 or K3?

 

My girlfriends best friend wants to know, if she comes to the USA on a K1 or K3 visa, can her daughter remain in China for an indefinite amount time until she feels it is safe for the daughter to join her in USA?

 

If daughter will remain in China for an undetermined time, does this change the K2 or visa process?

 

Please advise.

Once a person has a K-Visa, the child needs to follow on their K-2 or K-4 visa within 1 year after the parent.

 

If not then the US Citizen spouse will need to file an I-130 for an immigrant visa for the child.

 

Other requirements for filing I-130 is that the marriage needs to take place before child's 18th birthday. After that and only the green-card holder can file the I-130 for child, and this is subject to visa number quotas so can take years to get a visa for the following child.

[dnoblett]

Does she need to apply for the K2 or K4 at same time, or can that be after she receives her K1 or K3?

The child should be listed on I-130 and/or I-129F.

 

The K-2/4 can then be later requested to be issued by contacting the consulate to send out P-3 for the K-2/4 Follow to join.

 

Again this needs to be done within a year after K-1/3 interview.

[david_dawei]

Again this needs to be done within a year after K-1/3 interview.

Can you clarify this:

 

Since a K3 is a 2 year entry visa.. the mom could wait 2 years to go to the US.. (not that they say they want to do this, just keeping the various times straight here).

 

But the daughter can wait a year after the Interview to get her visa?

 

Then the K4 time period to enter is what?

 

Thus, in effect, what is the maximum time the daughter can stay in china?

 

 

Once this number is arrived at, the couple could delay their interview until a point where it works best for that maximum time.

[david_dawei]

Just read that the K4 is also a two year entry visa... so seems that the 1 year after interview + 2 year entry implies 3 years after mom...

 

But I recall from the past years discussions that once mom adjusts out of her K3 status, the K4 has no basis to adjust? So did the K3s tend to wait on the K4s arrival? Maybe someone remembers this issue and outcome.

[Randy W]

Just read that the K4 is also a two year entry visa... so seems that the 1 year after interview + 2 year entry implies 3 years after mom...

 

But I recall from the past years discussions that once mom adjusts out of her K3 status, the K4 has no basis to adjust? So did the K3s tend to wait on the K4s arrival? Maybe someone remembers this issue and outcome.

 

 

Uh - no! Both are a six month entry, with 2 years validity

 

Both K-3 and K-4 will adjust status not from their visa, but from an approved I-130 (one for each).

 

So the K-4 would actually never go out of status as long as the I-130 is filed (this can be done NOW - with or without the mother)

Edited September 13, 2009 by Randy W (see edit history)

[Randy W]

To re-iterate here, the I-130 for an immediate relative can be filed at any time for the mother, and up to age 21 for the daughter (there is no K-2 style age-out since the I-130 is what the CSPA covers).

[david_dawei]

ok.... 6 months to enter is correct; that's why they always say you must have 6 months valid on the passport

 

[i also looked back to some past issues... I was thinking about a child over 18 when the relationship is establish; the USC cannot file the I-130. ]

[david_dawei]

Tim... what's the girl's age?

 

If she is over 18, then K1/K2 is safer because of the issue I mention above... if she's a bit under 18, then they have more time to decide which option and if marrying makes sense.