Now we want to add the 4 yr old to Come over

[happyboy411]

I am a Newbie - so bear with me, Friends -

I am a I130 and I129F K3 Petitioner...

Any new feedback on the NVC deletion of K3 and "automatic" switch to a CR1??

We are recently approved by USCIS and now My Shanghai Wife wants to bring her four year old immediately with her. I have not filed any K4 or I325 forms for the daughter yet. We do have all releases from ex to bring her here.

I did list child as a derivative on her mama's I-129F request.

 

Shall I wait until NVC gives us a case number?

Or begin the process to get child approved back with the USCIS??

 

Also, is it customary for USCIS to update status to "DOCUMENT PRODUCTION OR OATH CEREMONY" before case is sent to NVC?

 

Thanks for your Help!

HappyBoy

Edited April 23, 2010 by happyboy411 (see edit history)

[warpedbored]

You will need to file an I-30 for the child. Since the child is so young there won't be any FBI or name checks needed. My best guess would be 8-10 months. If your wife goes K-3 then I believe the child can accompany the mother as a K-4 . If you are opting for CR-1 then the I-130 will need to run it's course

[Randy W]

You will need to file an I-30 for the child. Since the child is so young there won't be any FBI or name checks needed. My best guess would be 8-10 months. If your wife goes K-3 then I believe the child can accompany the mother as a K-4 . If you are opting for CR-1 then the I-130 will need to run it's course

 

 

To clarify, the child can come as a K-4 derivative of her mother's K-3 simply by filing the P-3 and P-4 forms for her, along with the mother's. The I-130 will be needed to adjust status in the states, and can be filed along with the I-485.

 

If CR-1/CR-2, then the I-130 needs to be filed and processed by USCIS before the child can get her visa.

[happyboy411]

You will need to file an I-30 for the child. Since the child is so young there won't be any FBI or name checks needed. My best guess would be 8-10 months. If your wife goes K-3 then I believe the child can accompany the mother as a K-4 . If you are opting for CR-1 then the I-130 will need to run it's course

 

 

To clarify, the child can come as a K-4 derivative of her mother's K-3 simply by filing the P-3 and P-4 forms for her, along with the mother's. The I-130 will be needed to adjust status in the states, and can be filed along with the I-485.

 

If CR-1/CR-2, then the I-130 needs to be filed and processed by USCIS before the child can get her visa.

 

Thanks for your feedback!

My thinking is that the K3 will cease when NVC gets it... Not possible within NVC any longer...

My interpretation of the New Law as of 02/01/2010 = K3 will not be possible and CR1 will be initiated by NVC.

 

I thought that we will need switch to CR1 and if we bring 4yr old Daughter - she needs to have CR2 created.

 

Also - Is it true that CR2 cannot be ELECTRONICALLY processed within NVC?

 

Does anyone have newest information about visa for a Child of spouse in relation of New Law?? (phasing out of K3 Visa)

 

I feel Old school answers do not seem current any longer... I am hoping to learn what steps I should take to make Case progress smoothly as possible with initiation of New Laws...

Edited April 23, 2010 by happyboy411 (see edit history)

[dnoblett]

You are refering to this post: http://uschinak1.com/forums/index.php?showtopic=40925

and: http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

 

In your case you have two options:

1. Once I-130 and I-129F are approved and sent to NVC by USCIS contact NVC about 10 days or so after and inform them of the "K-4" situation, they may then move with the K-3 case.
   
2. OR File an I-130 NOW for step child, more than likely you would have CR-2 Child interview within 6 months after parent's CR-1 interview.
   

Note the second option will save you well over $1000 in fees.

 

K-3 and K-4 cost much more when factoring in adjustment of status.

 

K-3: (K-4)

I-130: $355 (Note this is paid for K-4 when adjusting status)

I-129F: NONE

Consulate: $131 Soon to be higher ($350) SEE: Fee Increase

AOS: $1010

($1496) ($1715 when the fee goes up)

 

CR-1: (CR-2)

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

[Randy W]

 

Thanks for your feedback!

My thinking is that the K3 will cease when NVC gets it... Not possible within NVC any longer...

My interpretation of the New Law as of 02/01/2010 = K3 will not be possible and CR1 will be initiated by NVC.

 

I thought that we will need switch to CR1 and if we bring 4yr old Daughter - she needs to have CR2 created.

 

Also - Is it true that CR2 cannot be ELECTRONICALLY processed within NVC?

 

Does anyone have newest information about visa for a Child of spouse in relation of New Law?? (phasing out of K3 Visa)

 

I feel Old school answers do not seem current any longer... I am hoping to learn what steps I should take to make Case progress smoothly as possible with initiation of New Laws...

 

 

I wouldn't write off the K-3 just yet - if it can work to your advantage by bringing the daughter here with her mother, you may have good reason to pursue it.

 

Just be aware of the differences (as Dan has pointed out).

 

There ARE no new laws - it is EXTREMELY unlikely that Congress will change anything. Don't be fooled by the talk about the way things are "currently" processed.

 

The law DOES allow for K-3/K-4 visas - just make sure that your I-129F is forwarded to Guangzhou, if you decide to follow that route.

 

Don't get me wrong - the I-130 CR-1 and CR-2 are probably your path of least resistance as far as the immigration processing, but look at your options and how they fit your needs.

 

Read your GUZ electronic processing eligibility letter (which you haven't gotten yet) - CR-2's are eligible. http://travel.state.gov/pdf/electronic/GUZ...L-0005-1003.pdf

Edited April 23, 2010 by Randy W (see edit history)