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irene
Ok i know this is to bit early to think of , but me and my husband are getting confused right now . I will enter the US as K3 visa and i have 3 kids in my first marriage under K4 visa. When my 129F approved the 130 was approved also, and since in 129F my husband include my kids so they are in K4 visa , but dont have the 130 approval, and i know that in K3 visa I have 2 yrs before AOS. now my question is the following :

1. Can I apply for EAD even im not applying for AOS ?
2. If not and will have to apply for my AOS to get EAD , will my kids lose the K4 since they are derivative in my K3 visa if my AOS is approved ?
3. If my kids will lose the K4 in my approved AOS does it mean i have to apply for my kids 130 before I applied for my AOS ?
4. If my AOS approved first than my kids 130 are they going to be unlawful resident ?
5. When exactly should i file the 130 for my kids since mine was approved already and if their 130 is approved when exactly can we apply for their AOS ?

everyone opinion and info is welcome and i will appreciate it very much tnx.
Roy and Yazi
I'm not very familar with K-3/K-4. hopefully someone will come along and give you more detailed answers.

yes you can apply for your EAD card before you AOS. once you have the EAD card, you can apply for your SSN.
as far as the children go, if they are going to be follow to join, they need to have applied for their K-4 Visas before you have AOS, otherwise they lose their derivative status.
irene
QUOTE(Roy and Yazi @ Nov 26 2007, 08:15 AM) *
I'm not very familar with K-3/K-4. hopefully someone will come along and give you more detailed answers.

yes you can apply for your EAD card before you AOS. once you have the EAD card, you can apply for your SSN.
as far as the children go, if they are going to be follow to join, they need to have applied for their K-4 Visas before you have AOS, otherwise they lose their derivative status.

they already obtain the K4 actually they coming with me the same time , just want to know about the 130 how soon coz u know they are 3 person to file and the cost of it is not that small, want to be aware of the big expenses lol . tnx anyway for the reply
kalai&malia
QUOTE(irene @ Nov 25 2007, 06:18 PM) *
Ok i know this is to bit early to think of , but me and my husband are getting confused right now . I will enter the US as K3 visa and i have 3 kids in my first marriage under K4 visa. When my 129F approved the 130 was approved also, and since in 129F my husband include my kids so they are in K4 visa , but dont have the 130 approval, and i know that in K3 visa I have 2 yrs before AOS. now my question is the following :

1. Can I apply for EAD even im not applying for AOS ?
2. If not and will have to apply for my AOS to get EAD , will my kids lose the K4 since they are derivative in my K3 visa if my AOS is approved ?
3. If my kids will lose the K4 in my approved AOS does it mean i have to apply for my kids 130 before I applied for my AOS ?
4. If my AOS approved first than my kids 130 are they going to be unlawful resident ?
5. When exactly should i file the 130 for my kids since mine was approved already and if their 130 is approved when exactly can we apply for their AOS ?

everyone opinion and info is welcome and i will appreciate it very much tnx.
1. Yes

2. YOUR KIDS SHOULD COME WITH YOU, IF POSSIBLE. OTHERWISE, IT WILL BE A BIG HASSLE TO BRING THEM LATER.

3. I BELIEVE THAT THEY HAVE A YEAR FROM YOUR DEPARTURE TO GET THEIR VISAS.

4. NO. ARE YOUR KIDS COMING WITH YOU OR NOT?

5. YOU CAN SUBMIT THE I-130'S FOR THE CHILDREN AT THE SAME TIME AS YOU APPLY FOR THEIR ADJUSTMENT OF STATUS.
irene
QUOTE(kalai&malia @ Nov 26 2007, 02:01 PM) *
QUOTE(irene @ Nov 25 2007, 06:18 PM) *
Ok i know this is to bit early to think of , but me and my husband are getting confused right now . I will enter the US as K3 visa and i have 3 kids in my first marriage under K4 visa. When my 129F approved the 130 was approved also, and since in 129F my husband include my kids so they are in K4 visa , but dont have the 130 approval, and i know that in K3 visa I have 2 yrs before AOS. now my question is the following :

1. Can I apply for EAD even im not applying for AOS ?
2. If not and will have to apply for my AOS to get EAD , will my kids lose the K4 since they are derivative in my K3 visa if my AOS is approved ?
3. If my kids will lose the K4 in my approved AOS does it mean i have to apply for my kids 130 before I applied for my AOS ?
4. If my AOS approved first than my kids 130 are they going to be unlawful resident ?
5. When exactly should i file the 130 for my kids since mine was approved already and if their 130 is approved when exactly can we apply for their AOS ?

everyone opinion and info is welcome and i will appreciate it very much tnx.
1. Yes

2. YOUR KIDS SHOULD COME WITH YOU, IF POSSIBLE. OTHERWISE, IT WILL BE A BIG HASSLE TO BRING THEM LATER.

3. I BELIEVE THAT THEY HAVE A YEAR FROM YOUR DEPARTURE TO GET THEIR VISAS.

4. NO. ARE YOUR KIDS COMING WITH YOU OR NOT?

5. YOU CAN SUBMIT THE I-130'S FOR THE CHILDREN AT THE SAME TIME AS YOU APPLY FOR THEIR ADJUSTMENT OF STATUS.

yes all of my kids is coming to me at the same time , i just wondering what would be the nect step coz if im going to file my AOS which cost 1010 and then my kids which cost 600 each plus if i will file the 130 which 355 each , its kind a big expenses for us in just two yrs and wat if my kids 130 not approved as MY AOS get approved do they lose their visa to stay in the states ?
Haole
You should apply for the I-130s for the kids ASAP as it takes awhile for approval.
You can't file for AOS for them until you have their I-130 approval.
Better to file for AOS at the same time as you file.
$600 each if you file at the same time.
$1010 each if you file for them later.
irene
QUOTE(Haole @ Nov 26 2007, 02:14 PM) *
You should apply for the I-130s for the kids ASAP as it takes awhile for approval.
You can't file for AOS for them until you have their I-130 approval.
Better to file for AOS at the same time as you file.
$600 each if you file at the same time.
$1010 each if you file for them later.

so file their 130 along with my AOS ? wat if my AOS approved and their 130 is not yet approved wat will happen then ?
ryza
QUOTE(irene @ Nov 26 2007, 02:22 PM) *
QUOTE(Haole @ Nov 26 2007, 02:14 PM) *
You should apply for the I-130s for the kids ASAP as it takes awhile for approval.
You can't file for AOS for them until you have their I-130 approval.
Better to file for AOS at the same time as you file.
$600 each if you file at the same time.
$1010 each if you file for them later.

so file their 130 along with my AOS ? wat if my AOS approved and their 130 is not yet approved wat will happen then ?


better to file thier I-130 ASAP and wait for their approval THEN only then you and your kids can apply for AOS at the SAME TIME smile.gif good luck
edp333
Have you read this:

http://www.visajourney.com/faq/k3k4visa-outline.html

The K3 spouse and K4 children file the I-485 for Adjustment of Status, either immediately or when the I-130 petition is approved.
Roy and Yazi
QUOTE(irene @ Nov 25 2007, 10:22 PM) *
QUOTE(Haole @ Nov 26 2007, 02:14 PM) *
You should apply for the I-130s for the kids ASAP as it takes awhile for approval.
You can't file for AOS for them until you have their I-130 approval.
Better to file for AOS at the same time as you file.
$600 each if you file at the same time.
$1010 each if you file for them later.

so file their 130 along with my AOS ? wat if my AOS approved and their 130 is not yet approved wat will happen then ?


file their I-130's as soon as you can. you can apply for an EAD, so you can have your SSN and work authorization.
wait to file your AOS until the children's I-130's have been approved, then you can file together and the chidren's AOS will be $600 each. if you file for AOS and the chidren's I-130's have not been approved yet, they will have to pay $930 each for AOS ( no biometrics fee if under 14)
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