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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion

TRKCKL11
hi everyone, first off i decided to fill out 6 more g-325's to send out instead of waiting down the road for them to tell us theyneed them. my first question is does anyone know how long it takes to get canadian passports? my second question is how does the k4 work we never filled an i130 for kids as they are on my i129f. i realize we can adjust to perm resident once we are living in the u.s.. a note also to all k3 couples from canada if you are receiving gst you may have to pay it back they want your non resident spouses income from 2005 if you got married in 2006 ctc are okay till you move to the u.s. thanks for youradvice in advance. terry and george
aussiewench
K-4's are a derivative of the K-3 and only need to be listed on the I-129F. There is no G-325A's needed for the child/children until they adjust status in the US.

Once at the consulate they will apply for a visa just as the parent does for the K-3. Someone will be able to give you a list of all that is required and what is not applicable to the child/children.

They will need an I-130 filed on their behalf once in the US in order to adjust status.

How does a K-4 child adjust status in the United States?

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

http://travel.state.gov/visa/immigrants/types/types_2993.html#Children
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Canadian Passports take about two weeks to get.
You will need long form birth certificates for each child.
Court Documents or Cosent for the child to move from the non custodial parent.
A medical for each child.
$100.00 for each K4 at the time of interview
Police Reports if child is over 16.

Word of advice file the I-130 now for the children now. Just in case the Cr-1 comes through before the K-3.
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