I -130 AND K- 3 and K-4

[lassetter]

I am new to the site. My wife is a Nanning woman (Song) and we were married last year Dec 23rd. As a teacher I have been lucky because I have visited my wife frequently. I will be going back on December 19th.

 

My I-129 F has been approved and was sent to Guangzhou last week. Good.

My I-130 has alsobeen approved and is now at NVC. Maybe good It is a few weeks behind

 

BUT, my step-daughter was over the age of 18 when I married her mother. Not Good. Apparently she can get a K-4 from her mother's K-3 BUT is, as you all know, unable to receive sponsorship (I-130) from me.

This means my step-daughter can come to the USA until she turns 21. As I read the rules, she then must leave the USA.

 

I have done all the paperwork myself. So far no problems. Fairly easy. But it is getting rather tricky.

I am worried that the Guangzhou Consulate will process my wife as an immigrant not a K-3. My step-daughter could be cut-out. As I understand it her K-4 is dependent on her mother's k-3.

ANY IDEAS? POSSIBLY I NEED A LAWYER WHO SPECIALIZES IN K-3 VISAS. RECOMMENDATIONS

[ghall20]

I am new to the site.  My wife is a Nanning woman (Song) and we were married last year Dec 23rd.  As a teacher I have been lucky because I have visited my wife frequently.  I will be going back on December 19th.

 

My I-129 F has been approved and was sent to Guangzhou last week.  Good.

My I-130 has alsobeen approved and is now at NVC. Maybe good  It is a few weeks behind

 

BUT, my step-daughter was over the age of 18 when I married her mother.  Not Good.  Apparently she can get a K-4 from her mother's K-3 BUT is, as you all know, unable to receive sponsorship (I-130) from me.

This means my step-daughter can come to the USA until she turns 21.  As I read the rules, she then must leave the USA.

 

I have done all the paperwork myself.  So far no problems.  Fairly easy.  But it is getting rather tricky.

I am worried that the Guangzhou Consulate will process my wife as an immigrant not a K-3.  My step-daughter could be cut-out.  As I understand it her K-4 is dependent on her mother's k-3.

ANY IDEAS? POSSIBLY I NEED A LAWYER WHO SPECIALIZES IN K-3 VISAS.  RECOMMENDATIONS

My stepson just turned 18 and he is getting here as a k/4. You have to the age of 21 to get them approved as a I-130 after they get here... I started the process within a couple weeks of my wifes and they both have approved I-130's now... Get one going for her now... the I-130 is getting complete rather quickely now... you can do this while there still in china..

 

George

[Robert S.]

In looking at the processing times for the service centers, you would be able to get an I-130 approved in good time.

 

https://egov.immigration.gov/cris/jsps/NBCp...rocesstimes.jsp?

[lassetter]

Thanks for the replies:

 

The problem for us is that my stepdaughter was over 18 when we married. This meant that she is not viewed as my stepdaughter for immigration purposes and cannot get an i-130 thru me. However, she can come to the USA on a K-4 visa as a dependent of her mother's K-3. This K-3 expires on her 21st birthday.

 

Is there any way through this problem?

 

Rupert