I need help, yesterday I got the K3 visa , but no K4

[hongrose1230]

well, thanks for the CFL, I got the K3 visa yeterday, but my adopted daughter did not get, the reason is when my husband came to China to marry me, she is over the 18 years old, so yesterday when we went to the American embassy in GuangZhou to pick up the visa, I was told, my adopted daughter can not get the K4 visa, because she was over the 18 years old when my husband married me last year, so now how can I do? shall I apply what kind of the visa?? on website of 001, I was told , my husband need to apply for her for the 130 form， but need to f2a, what is the f2a?? now my adopted daughter is 19 years old.

Thanks for the CFL family, I realy love this website, so I need all the help, thank you for all, have a nice weekend.

[Chinese Wife!!!]

on website of 001, I was told , my husband need to apply for her for the 130 form£¬ but need to f2a, what is the f2a?? now my adopted daughter is 19 years old.

 

Thanks for the CFL family, I realy love this website, so I need all the help, thank you for all, have a nice weekend.

Hi Hongrose,

I ***BELIEVE*** that the person on 001 was refering to the I-130 Family Preference order.

A K-1 thru K-4 are not subject to quotas. Other family based visas can be subject to quotas. Quotas are the numbers of visas issued for that type of family member that are allowed to enter the U.S. at any one time. I remember reading somewhere that an adopted step- daughter/son is treated differently than a natrual child (and I don't understand why when the family bond is often the same). I filed an I-130 family preference visa for my brother-in-law from Thailand years ago when he was 14. He turned either 18 or 21 during the wait and it took 10 years for him to finally get here. I am not saying your adopted daughter will take that long but.... I would suggest going to the USCIS site to verify what her family preference would be and be prepared for a wait. Hope you can find some faster method. Richard

[warpedbored]

Unless they have changed the rules an umarried son or daughter should be able to accompany the parent on a K-2 or K-4 visa as long as they are under 21. This is from the Dept of State website.

U.S. Department of State
To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

The only caveat to this is the K-4 cannot adjust status based solely on the K-4 visa, they need an I-130 filed by a US Citizen to base the adjustment of status on, and a US Citizen cannot file an I-130 for a step-child if the marriage took place after the child turned age 18, there in lies the catch. In this situation research needed to be done before marriage took place, and opted for the K1/K2 fiancee visa route, because a K-2 can adjust status based on just the K-2 visa.

Edited March 20, 2013 by dnoblett
Correction about K-4 AOS (see edit history)

[Chinese Wife!!!]

Unless they have changed the rules an umarried son or daughter should be able to accompany the parent on a K-2 or K-4 visa as long as they are under 21.  This is from the Dept of State website.

 

U.S. Department of State

To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

 

 

***Dependent on the details of the adoption*** This UNFORTUNATELY MAYBE the appropriate section found under USCIS- how do I- aging out- definition of a child. Use www.uscis.gov/graphics/services/inadefs. to get to it (Definition of a child in INA Titles I & II Sec. 101 b. 1. "The term "child" means an unmarried person under twenty-one years of age who is-"

 

Para. (E) (i) " A child adopted while under the age of sixteen if the child has been in the LEGAL custody of, and has resided with, the adopting parent or parents for at least two years:...."

 

The way I read this if Hongrose did NOT complete a legal adoption prior to the daughter being sixteen and have lived with her for at least two years GZ MAY be correct.

 

Likewise is GZ trying to apply Para. 101 b.1. B.? "A stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen at the time the marriage creating the status of stepchild occured;"

(I thought someone posted this section was amended to 21 but currently it still reads as 18). If GZ is trying to apply this section I would check for this supposed change as she is 19.

 

Hate to be the messenger on this. As I said before I DON"T think an adopted child is any different than a natrual one but USCIS/INA seems to think otherwise. Richard

[oregonknl]

As the father of two adopted daughters from China, I would be very surprised if the US State Department had a different policy for adopted vs natural children at ANY level...

 

It runs entirely counter to the State Department's goal:

 

-- Which is; before the adoption, make sure that the birth parent's rights are protected, but if that is the case, and the adoption moves forward, then make sure the adopted child has the FULL RIGHTS in the eyes of the law, as any American born child...

 

THAT IS THE AMERICAN WAY.

[frank1538]

As the father of two adopted daughters from China,  I would be very surprised if the US State Department had a different policy for adopted vs natural children at ANY level...

 

It runs entirely counter to the State Department's goal:

 

--  Which is;  before the adoption, make sure that the birth parent's rights are protected, but if that is the case, and the adoption moves forward, then make sure the adopted child has the FULL RIGHTS in the eyes of the law, as any American born child...

 

THAT IS THE AMERICAN WAY.

I have also had some involvement with children over the ages of 18. Unfortunately, it does seem that the US does distinguish between step, adopted, and natural children.

 

While my situation was K-2 for Jingwen's children who were over the age of 18, this is what I think is going on. Despite the assumption that an I-130 might not needed for the child (don't know if this is correct), I think GZ is saying "no" based on one of two reasons.

 

First, putting aside the adoption issues, I think GZ might be saying that the I-130 has be to filed before the step child (the US citizen's step-child) reaches 18. If so, then the K-4 can be issued if applied for before the child turns 21. In your case, the child was over 18 at the time the I-130 was filed, so they won't grant the K-4.

 

Second, there may be something related to the adoption, but I don't know.

 

If GZ is correct, it seems that the course of action may be to get legal permanent resident status for the mother and have her apply for the child to come to the US.

 

This is certaintly a situation where consulation with a good and experienced attorney should be considered. Maybe Owen will pop in and offer some additional insights.

[hongrose1230]

Thank you for all the good advices, I am so happy to be the member of this family, it helps me a lot.

 

well, the situation is now for me is : I adopted my daughter when she was 14 years old, so in the American INS website said, if the adoption occurs before 16 years old, that is ok for apply the 130 , but the problem is when my husband came to China to marry me, my adopted daughter was already 18 years old( just reach the 18 years old, so bad luck for her) :so on the form of 130 I said, like this:

 

If you and the person you are filing for are related by adoption, you must submit a copy of the adoption decrees showing that the adoption took place before the child became 16 years old. if you adopted the sibling of a child you already adopted, you must submit a copy of the adoption decrees showing that the adoption of the sibling occured before that child's 18th birthday.

 

I am just not sure of this:if you adopted the sibling of a child you already adopted, you must submit a copy of the adoption decrees showing that the adoption of the sibling occured before that child's 18th birthday.

 

when I adopted my sister's daughter , my daughter was only 14 years old, does she fit for the form of 130? or who shall apply for her? my husband? or ??? I have no ideas of that, so I am so confuse now, so does my husband.

 

Thanks for all the good suggestions, have a nice weekend

 

 

[Chinese Wife!!!]

[This is certaintly a situation where consulation with a good and experienced attorney should be considered.  Maybe Owen will pop in and offer some additional insights.

HongRose,

 

I think Frank has the right idea here. Time for a GOOD IMMIGRATION lawyer.

 

Personally I ***BELIEVE*** that what Warpedbored quoted from DOS guidelines are general in nature and are further delineated by USCIS via the link to the INA definition of a child. I already had an interest in this area because of my step daughter (and prior experience w/ ex-brother-in-law "aging out"). (Like I already mentioned I think someone here indicated that the age 18 thing got changed but I cannot find the post). Unless someone comes on line with an absolute answer I would consider getting a lawyer SKILLED in this area of law.

 

IMO The section on siblings in your post is a provision to avoid splitting up a brother or sister and/or and another brother or sister when one of them is over 18 and the other is under 18. In other words if your adopted child had a natural brother or sister that you also adopted that was under 18 when you got married then they would issue your 19 year old a visa to keep them together. Richard

[hongrose1230]

If you and the person you are filing for are related by adoption, you must submit a copy of the adoption decrees showing that the adoption took place before the child became 16 years old. if you adopted the sibling of a child you already adopted, you must submit a copy of the adoption decrees showing that the adoption of the sibling occured before that child's 18th birthday.

 

 

 

well, my husband still can submit the form of 130 for my adopted daughter?

 

I adopeted her when she was 13 years old, so I think I can fit the adoption before occurs 16 years old, also I had all the adoption papers and my adopted daughter's natural parents are my sister and her husband. so my husband can apply her 130? yes???? right?

 

thanks for all.