Age Requirements for Chinese Daughter for K3 Visa

[Cerberus]

Greetings all,

 

I have been noticeably absent, and for several very personal reasons. My reasons are no reflection on this forum. Perhaps, I can do a later posting in regards to my not posting, and a bit of history.

 

I'm returning to this forum for a request for information.

 

The question revolves around the final "drop dead" age of a possible step daughtter and her immigration to the US. I performed a search and located this link for finale age of 21. Here is the link: http://candleforlove.com/forums/topic/46846-k2-age-out-and-aos/?hl=%2BAge+%2BLimits+%2BChildren&do=findComment&comment=626835.

 

It gave information of 21 (22 prior to adjustment, etc.), and this was for a K1 & K2. If all works well I will be pursuing a K3 & 4 visa.

 

Questions:

 

1. What is the official "drop dead" date of a Chinese step child from China for a K3 visa?

2. If it is 18, is this age open to waivers?

 

My thanks to all in advance.

 

 

Dave

 

[dnoblett]

K-3? It's been years since I have seen one of those go through, NVC tends to administratively close all I-129F K-3 petitions when the related I-130 petition is approved and sent to then at or around the same time.

A recent discussion on it from 2013
http://candleforlove.com/forums/topic/46285-i-129f-wait-times-shorter-than-i-130-for-uscitizen-in-usa/

 

http://candleforlove.com/forums/topic/40925-change-in-how-nvc-handles-k-3-petitions/

[Cerberus]

K-3? It's been years since I have seen one of those go through, NVC tends to administratively close all I-129F K-3 petitions when the related I-130 petition is approved and sent to then at or around the same time.

 

A recent discussion on it from 2013
http://candleforlove.com/forums/topic/46285-i-129f-wait-times-shorter-than-i-130-for-uscitizen-in-usa/

http://candleforlove.com/forums/topic/40925-change-in-how-nvc-handles-k-3-petitions/

Thanks for the reply. Would you have a better approach to suggest?

 

There will be a divorce following an almost 2 year abandonment by soon to be ex-wife. (One of the personal issues I previously spoke of).

 

I want to show officials that I was very serious and committed! Been such a long time since I dealt with this issue. I had forgotten that K3s were an old dinosaur!

[dnoblett]

Age 18 or younger is a requirement for a step parent to be able to file an I-130 for a step child.

 

Best approach probably would be K-1/K-2 for a fiance visa. Or if can push through a spouse petition for a wife, and she was able to get into the states get green card and she immediately files an I-130 petition for her unmarried daughter under age 21, this case tends to get age froze to the lesser age and processed through as a F2A case which tends to have a 1 to 1.5 year processing time.

 

This happened to another member. Wife and daughter came over on K-1/K-2 wife adjusted status, and on very bad advise from a lawyer daughter left the country to attend college in England without adjusting status, wife had to file a petition for daughter at age 20 and was treated as a F2A case and got daughter an immigrant visa fairly quickly.

 

http://candleforlove.com/forums/topic/46179-uscis-says-i-130-approved/?p=605044

[Randy W]

Hello, Dave. Good to see you posting.

 

K-4 is for the daughter of your K-3 spouse. A K-4 is different from a K-2 in that the K-4 is NOT allowed to adjust status. A separate I-130 must be filed in order for the K-4 to get a green card.

 

For this reason, K-4's over the age of 18 are routinely denied at the consulate, even if the mother's K-3 should happen to go through (not likely, as Dan points out).

[newacct]

Hello, Dave. Good to see you posting.

 

K-4 is for the daughter of your K-3 spouse. A K-4 is different from a K-2 in that the K-4 is NOT allowed to adjust status. A separate I-130 must be filed in order for the K-4 to get a green card.

 

For this reason, K-4's over the age of 18 are routinely denied at the consulate, even if the mother's K-3 should happen to go through (not likely, as Dan points out).

The 7th Circuit ruled in Akram v. Holder that K-4 can adjust without the need to file another petition. Though this is probably moot as they are unlikely to get K-3/K-4.

[Randy W]

 

Hello, Dave. Good to see you posting.

 

K-4 is for the daughter of your K-3 spouse. A K-4 is different from a K-2 in that the K-4 is NOT allowed to adjust status. A separate I-130 must be filed in order for the K-4 to get a green card.

 

For this reason, K-4's over the age of 18 are routinely denied at the consulate, even if the mother's K-3 should happen to go through (not likely, as Dan points out).

The 7th Circuit ruled in Akram v. Holder that K-4 can adjust without the need to file another petition. Though this is probably moot as they are unlikely to get K-3/K-4.

 

 

 

The phrase that applies there is "legislating from the bench". The court could find no rhyme or reason for the law, so made up their own.

 

http://www.shihabimmigrationfirm.com/k-4-visa-akram-v-holder-challenges-green-card-denial-to-k-4-chil.html

 

The Court of Appeals said “It is unclear why the same administrative fix was not made for K-4s.” The court held that there was no statutory reason for treating K-2 and K-4 visas differently because they both come from the same statutory language.

 

. . .

 

This decision is legal precedent for the seventh federal district: Illinois, Indiana, and Wisconsin. This decision is not binding on the rest of the country, but courts in other states may find this decision persuasive. If you have questions about the K visa, please contact our immigration attorneys at The Law Firm of < blah, blah, and blah > to schedule a consultation with an attorney at an office near you.

 

 

. . . and, in particular, NOT binding on (and easily ignored by) the USCIS, even within the seventh federal district.

 

But actually, if you DO somehow find yourself in a removable state, the immigration courts are often fairly generous in awarding court-ordered adjustment of status.