K-4 derivative status? If wifes I-130 hits GZ

[Chinese Wife!!!]

Wife has a I-130 approved and (I thought hopefully) at the end of the lenghty NVC process.

 

We also have a K-3 listing her daughter that should see approval in about two months.

 

Just recently her ex husband FINALLY agreed to allow the daughter to leave China.

 

I am thinking about filing a seperate I-130 for the daughter.

 

My question is IF my WIFES I-130 reaches GZ before the K-3/4 will the WIFES I-130 cancel out the K-3 AND AND THE K-4 DERIVATIVE ASPECTS of the I-129F ???

 

Feels like a rock and a hard spot choice in front of us. Hold up the wifes I-130 and wait for the K-3/4 to FINALLY process or wait out the daughters I-130.

[tywy_99]

Yes, the I-130 petition will cancel out the K3 unless the P3 for the NIV has been returned to post before the I-130 arrives.

 

The I-130 will eventually need to be filed for the child whether the child arrives on a K4 or a CR2.

[Chinese Wife!!!]

Thanks TY,

 

You mentioned CR-2- is my understand that the stepdaughter CAN NOT come on the wife's I-130 correct (no derivative status)? Maybe refresh me on the CR-2, Please (I believe it to be a SEPERATE I-130 for a child).

 

So I guess we will have a longer wait for the daughter as they will come as a pair . It seems that my choices NOW are to delay the I-130 until the K-3 goes thru OR wait for the daughter's I-130 to run the course.

 

Being that CSC is now taking about 3 months and the problems I've had at NVC on the wife's I-130 I guess I'm back to betting on the K-3 AGAIN. (I will file the daughters I-130 this morning).

[tywy_99]

Yes, that's right, Richard. The I-130 must be filed on behalf of your stepdaughter. The CR2 has no derivative status whereas the K4 does.

I shouldn't have put CR2 in my previous post. I apologize.

It sounds like your on the right track.

 

-good luck

[Chinese Wife!!!]

THANKS Again Ty,

 

The CR-2 issue got my caboose tethering on the tracks for a bit (a moment of self doubt). No need for apoligies Ty, you are one of the members I really appreciate and respect comments from!

 

My prior instincts were to file an I-130 back about August/Sept. after the wife's I-130 was approved by CSC in a month. But the hard line then was she (stepdaughter) is NOT, NOT, NOT coming. Wife repeatedly said "Don't waste money". I was saying the he!! w/ the money I just think things CAN and Maybe WILL CHANGE. Ex-husband was then strong headed on this issue- now it's can you take her to the US PLEASE, PLEASE"- amazing what the ex finding a girlfriend did for the situation . In my gut I just felt this may happen and had solicted ideas here on how to persaude the Ex to allow the daughter to immigrate. Well, again so much for my PLANNING.

 

Got the daughter's I-130 off today. Since May I have learned here to expect the UNEXPECTED to happen. My inclination at the moment is to file the wife's I-864 at NVC and hold back the DS-230 and wait out the K-3/4 Even after all the NVC problems I've had and as slow as they WERE I will have to remain optomistic and evaluate the situation very soon as to delaying the wife's I-130. I have noticed CSC is NOW up to about 3 months approval time BUT very recently I see the NVC front end stuff has REALLY sped up over my past experiences there already. I may find that what CSC GAVE me and NVC took away time wise are just reversed this time through.