Please help! Need info on K4 please!

[Whippy 0]

Hi everyone,

My oldest stepson is 20 years old and was over 18 when marriage took place making it impossible for me to sponsor him. He is, however, eligible for a K4 visa to enter the United States.

It has been my understanding all along that because he will turn 21 before my wife gains Permanant Residence status, that his visa would expire and he would have to go back to South Africa.

Now, my wife has written to the embassy in South Africa and they have told her that he can get into America and be eligible for Permanant Residency as long as SHE applies for adjustment of status before he turns 21.

How can this be? Is this information correct? It seems to me that he would be illegal as soon as he turns 21?? If what the embassy is saying is true then we have to move FAST to make this happen. They said they would expidite the interview for us to allow this to happen, but if they are wrong and the boy has to go back to South Africa less than a month after arriving here, that would be disasterous

PLEASE HELP!

[payxibka 10,048]

Hi everyone,

My oldest stepson is 20 years old and was over 18 when marriage took place making it impossible for me to sponsor him. He is, however, eligible for a K4 visa to enter the United States.

It has been my understanding all along that because he will turn 21 before my wife gains Permanant Residence status, that his visa would expire and he would have to go back to South Africa.

Now, my wife has written to the embassy in South Africa and they have told her that he can get into America and be eligible for Permanant Residency as long as SHE applies for adjustment of status before he turns 21.

How can this be? Is this information correct? It seems to me that he would be illegal as soon as he turns 21?? If what the embassy is saying is true then we have to move FAST to make this happen. They said they would expidite the interview for us to allow this to happen, but if they are wrong and the boy has to go back to South Africa less than a month after arriving here, that would be disasterous

PLEASE HELP!

The embassy is the wrong place to get the question answered as they nor the Department of State (who they are a part of) adjudicates or decides this issue. This issue belongs to the USCIS.

Edited August 14, 2008 by fwaguy

[YuAndDan 153]

K-4 has the same restriction, it requires an I-130 to be filed with I-485 in order to adjust status from, and since marriage took place after 18th birthday, the US Citizen step parent still cannot provide the required I-130. Cannot adjust status based on an I-130 filed by an LPR.

[Mononoke28 137]

If your stepson gets here and files for AOS before he turns 21, then he's ok. I've seen other cases here on VJ where this has happened and everything needs to be filed before age 21. So if the embassy can expedite your interview date and you can file for AOS as soon as they land, then you should be ok.

I would also recommend calling the USCIS for more info. But then again, getting a knowledgeable agent there is quite a gamble.

Diana

[Whippy 0]

If your stepson gets here and files for AOS before he turns 21, then he's ok.Diana

Yah, see, that is the problem...I cannot file the I-130 for him, only his mother and only AFTER she gains Permanent Resident status. Seeing as how he turns 21 on October of this year, that just will not happen as there is no way she will get here and get her green card before then.

So it sounds ilke the embassy contact does not understand the process correctly and that our innitial assessment of the situation is correct...that he needs to stay in South Africa until his mom can file for him and a visa becomes available.

This is the ONLY way I see it. Thanks everyone.

Edited August 14, 2008 by Whippy

[pushbrk 13,457]

If your stepson gets here and files for AOS before he turns 21, then he's ok.Diana

Yah, see, that is the problem...I cannot file the I-130 for him, only his mother and only AFTER she gains Permanent Resident status. Seeing as how he turns 21 on October of this year, that just will not happen as there is no way she will get here and get her green card before then.

So it sounds ilke the embassy contact does not understand the process correctly and that our innitial assessment of the situation is correct...that he needs to stay in South Africa until his mom can file for him and a visa becomes available.

This is the ONLY way I see it. Thanks everyone.

He could come here on a student visa totally disconnected from any family immigration issue. Based on an LPR parent's I-130 filing, he's likely to have established a life and married before a visa becomes available for him. He can do all that in the USA on a studen visa.

Edited August 14, 2008 by pushbrk

[LARA-LYN 0]

Hi everyone,

My oldest stepson is 20 years old and was over 18 when marriage took place making it impossible for me to sponsor him. He is, however, eligible for a K4 visa to enter the United States.

It has been my understanding all along that because he will turn 21 before my wife gains Permanant Residence status, that his visa would expire and he would have to go back to South Africa.

Now, my wife has written to the embassy in South Africa and they have told her that he can get into America and be eligible for Permanant Residency as long as SHE applies for adjustment of status before he turns 21.

How can this be? Is this information correct? It seems to me that he would be illegal as soon as he turns 21?? If what the embassy is saying is true then we have to move FAST to make this happen. They said they would expidite the interview for us to allow this to happen, but if they are wrong and the boy has to go back to South Africa less than a month after arriving here, that would be disasterous

PLEASE HELP!

[Mononoke28 137]

Yah, see, that is the problem...I cannot file the I-130 for him, only his mother and only AFTER she gains Permanent Resident status. Seeing as how he turns 21 on October of this year, that just will not happen as there is no way she will get here and get her green card before then.

So it sounds ilke the embassy contact does not understand the process correctly and that our innitial assessment of the situation is correct...that he needs to stay in South Africa until his mom can file for him and a visa becomes available.

This is the ONLY way I see it. Thanks everyone.

Uhmm... the only way I can see this happening is if they got a September interview for their K3 and K4 visas. Came here before the end of the month and filed right before he turned 21. But you're right, it's just too close.

Diana

[pushbrk 13,457]

Yah, see, that is the problem...I cannot file the I-130 for him, only his mother and only AFTER she gains Permanent Resident status. Seeing as how he turns 21 on October of this year, that just will not happen as there is no way she will get here and get her green card before then.

So it sounds ilke the embassy contact does not understand the process correctly and that our innitial assessment of the situation is correct...that he needs to stay in South Africa until his mom can file for him and a visa becomes available.

This is the ONLY way I see it. Thanks everyone.

Uhmm... the only way I can see this happening is if they got a September interview for their K3 and K4 visas. Came here before the end of the month and filed right before he turned 21. But you're right, it's just too close.

Diana

That won't work either. He could get the visa would still have to go home on birthday 21. Cannot adjust status.

[payxibka 10,048]

Yah, see, that is the problem...I cannot file the I-130 for him, only his mother and only AFTER she gains Permanent Resident status. Seeing as how he turns 21 on October of this year, that just will not happen as there is no way she will get here and get her green card before then.

So it sounds ilke the embassy contact does not understand the process correctly and that our innitial assessment of the situation is correct...that he needs to stay in South Africa until his mom can file for him and a visa becomes available.

This is the ONLY way I see it. Thanks everyone.

Uhmm... the only way I can see this happening is if they got a September interview for their K3 and K4 visas. Came here before the end of the month and filed right before he turned 21. But you're right, it's just too close.

Diana

Even so, there is still no one eligible to petition an I-130 in your scenario....