k-4

[Jenn3125 0]

Hello dear VJ'ers,

Thanks so much for all the help you give and for all the people who have been through the process but still continue to check here and give advice to bring other people through.

I just received approval on our I-129 and i-130 for my husband. Between the time that we applied and the time that we were approved we have decided that we will be bringing my husbands son, my step-son with us... well his mom finally agreed that we could we have wanted to since forever.

So I was reading trying to figure out what to do and how to go about adding on my step son to my husband's petition and I got kind of confused. I keep reading that because it is a derivative status he is automatically included and that we don't need to file a I-130 until the AOS... is that true I didn't need to have done anything and when my husband gets his K-3 or CR-1 our son will also automatically get a visa... this doesn't seem possible that it could be that easy so I am sure I am misunderstanding it all.

So at this point we just received both NOA2's for the K-3 what or how should I proceed with my step son's visa (he is only 4 years old so not close to 18). Does it make a difference if we end up getting the CR1 or the K3?

Thanks for all your help in advance.

[Jenn3125 0]

Just to follow up on our I-130, question D.1 If separate petitions are also being submitted for other relatives, give names of each and relationship. I answered none, does that make a difference?

Thanks again

[pushbrk 12,154]

Hello dear VJ'ers,

Thanks so much for all the help you give and for all the people who have been through the process but still continue to check here and give advice to bring other people through.

I just received approval on our I-129 and i-130 for my husband. Between the time that we applied and the time that we were approved we have decided that we will be bringing my husbands son, my step-son with us... well his mom finally agreed that we could we have wanted to since forever.

So I was reading trying to figure out what to do and how to go about adding on my step son to my husband's petition and I got kind of confused. I keep reading that because it is a derivative status he is automatically included and that we don't need to file a I-130 until the AOS... is that true I didn't need to have done anything and when my husband gets his K-3 or CR-1 our son will also automatically get a visa... this doesn't seem possible that it could be that easy so I am sure I am misunderstanding it all.

So at this point we just received both NOA2's for the K-3 what or how should I proceed with my step son's visa (he is only 4 years old so not close to 18). Does it make a difference if we end up getting the CR1 or the K3?

Thanks for all your help in advance.

K4 is derivative but CR2 is not. Unless there's an approved I-130 for your stepson, you'll need to stick with the K3/K4 process and adjust status. Getting the son's I-130 approved before arrival will assist you in getting the two AOS cases processed together instead of the son's delayed by the I-130 adjudication. You can accomplish that by simply filing his I-130 now.

Just to follow up on our I-130, question D.1 If separate petitions are also being submitted for other relatives, give names of each and relationship. I answered none, does that make a difference?

Thanks again

It's the truth, so no. You filed no separate petition for another relative but you need to.

[Jenn3125 0]

pushbrk,

Thank you so much for your clarification. I am so excited by this news.

All Vjer's

I spoke with my husband and the way we understand it is that we have two options to continue with his I-130 and file one for our son which would invariably take sometime to be approved and i assume there is no way they would rush it through. Or to continue with the K-3 and the derivative K-4 and file an I-130 in the meantime so that it is approved before AOS for both of them.

The benefits of going the CR-1/CR-2 is no adjustment of status, less paperwork, less money. The drawbacks being that the process would be at two different stages and our son would have to go through the process later. I suppose I don't understand what that might all involve. I assume they still do a medical but police reports? And interview for a three year old?

The benefits of the K-3 being that we already unbeknownst to ourselves did the paperwork and the process could proceed simultaneously. So I assume we could do the medical and everything at the same time as well as the interview (would that be a correct assumption). The drawback being that we would have to do the AOS which is again more paperwork and more money.

Have the above been generally true? Anyone have experience with each of these, any other benefits and drawbacks I am totally missing?

Thank you for your endless help to everyone here.

[pushbrk 12,154]

pushbrk,

Thank you so much for your clarification. I am so excited by this news.

All Vjer's

I spoke with my husband and the way we understand it is that we have two options to continue with his I-130 and file one for our son which would invariably take sometime to be approved and i assume there is no way they would rush it through. Or to continue with the K-3 and the derivative K-4 and file an I-130 in the meantime so that it is approved before AOS for both of them.

The benefits of going the CR-1/CR-2 is no adjustment of status, less paperwork, less money. The drawbacks being that the process would be at two different stages and our son would have to go through the process later. I suppose I don't understand what that might all involve. I assume they still do a medical but police reports? And interview for a three year old?

The benefits of the K-3 being that we already unbeknownst to ourselves did the paperwork and the process could proceed simultaneously. So I assume we could do the medical and everything at the same time as well as the interview (would that be a correct assumption). The drawback being that we would have to do the AOS which is again more paperwork and more money.

Have the above been generally true? Anyone have experience with each of these, any other benefits and drawbacks I am totally missing?

Thank you for your endless help to everyone here.

To avoid a delay, you would continue with the K3/K4 process. A three year old doesn't need an interview but would need a passport for the visa. Check the requirements for a medical for a child as there may be some variation from adult requirements.

[birch- phuk_beer 0]

I am going through the same K/3/4 process with my wife and 13 year old step daughter. I will file the 130 for her after her arrival. For me, my SD needs to go for the medial exam before the interview also. She must also accompany my wife to the interview. I dont think she has a seperate interview. She also has to have, and dos, her own passport.

she has to be listed on the 325 and other forms already filed, as being her daughter, etc. I'll b taking my SD's birth certificate and all documentation along as well.

PS- this is one instance where all the advocates who swear that the CR-1 is the ONLY way to go are wrong.......

[pushbrk 12,154]

I am going through the same K/3/4 process with my wife and 13 year old step daughter. I will file the 130 for her after her arrival. For me, my SD needs to go for the medial exam before the interview also. She must also accompany my wife to the interview. I dont think she has a seperate interview. She also has to have, and dos, her own passport.

she has to be listed on the 325 and other forms already filed, as being her daughter, etc. I'll b taking my SD's birth certificate and all documentation along as well.

PS- this is one instance where all the advocates who swear that the CR-1 is the ONLY way to go are wrong.......

I've never seen anybody swear CR1 is the only way to go, only that it is a better way to go. I think sometimes it is and sometimes it isn't but in the OP's case, I think they wish they had gone that route or had the option by having filed the eventually needed I-130 for the child at the same time they filed for the spouse. It certainly would have been significantly less expensive and the spouse would be work authorized right away. There are definite cases where K3/K4 is preferrable.

[Jenn3125 0]

Thank you guys,

Does anyone have any idea if there are special laws concerning the fact that my husband is the father and not the mother (obviously) but I mean I know that sometimes there are rules about a father having to prove paternity or anything like that. Also would we need anything from his birth mother. We are on good terms so that wouldn't be a problem if we did.

Couple more questions although I feel like I abuse this forum because I have only questions and no answers to offer anyone. Hopefully someday I can reciprocate all the help I receive here. It seems like the K-4 route is definitely the way to go here, this is a huge benefit but I do wish I had filed that I-130 at the beginning. Anyway we had originally thought not to bring him with us now because we will be moving when we get to the states and when we first arrive doing a bit of traveling so to spare him from that we thought to wait 6 months. So in that case I guess my question would be if for some reason the three of us (myself, husband, and child's birth mother) decide to keep to the original plan to wait then:

- the k-4 would remain "good" for 6 months, right?

- what would be required if we sent the I-130 in now... we might get an NOA2 in 4-5 months and then he would need to have a medical (maybe we could get that now?) but probably no interview, right? He could receive the visa and we can go back to pick him up in say 8 months.

Thanks again for all your help.

[pushbrk 12,154]

Thank you guys,

Does anyone have any idea if there are special laws concerning the fact that my husband is the father and not the mother (obviously) but I mean I know that sometimes there are rules about a father having to prove paternity or anything like that. Also would we need anything from his birth mother. We are on good terms so that wouldn't be a problem if we did.

Couple more questions although I feel like I abuse this forum because I have only questions and no answers to offer anyone. Hopefully someday I can reciprocate all the help I receive here. It seems like the K-4 route is definitely the way to go here, this is a huge benefit but I do wish I had filed that I-130 at the beginning. Anyway we had originally thought not to bring him with us now because we will be moving when we get to the states and when we first arrive doing a bit of traveling so to spare him from that we thought to wait 6 months. So in that case I guess my question would be if for some reason the three of us (myself, husband, and child's birth mother) decide to keep to the original plan to wait then:

- the k-4 would remain "good" for 6 months, right?

- what would be required if we sent the I-130 in now... we might get an NOA2 in 4-5 months and then he would need to have a medical (maybe we could get that now?) but probably no interview, right? He could receive the visa and we can go back to pick him up in say 8 months.

Thanks again for all your help.

Actually the K4 is valid for two years and multiple entries. It's six month for K1, K2 and immigrant visas.

Check your country's regulations about parental consent but if the couple was married and both names appear on the birth certificate, I wouldn't expect DNA testing to be ordered.

[Jenn3125 0]

I was just thinking about the Affidavit of Support. I assume a three year old would be counted as a household member and therefore we would need to make sure that our support is high enough for both my husband and stepson, correct? Just wanted to verify there are no provisions for a child or something to that effect.

[pushbrk 12,154]

I was just thinking about the Affidavit of Support. I assume a three year old would be counted as a household member and therefore we would need to make sure that our support is high enough for both my husband and stepson, correct? Just wanted to verify there are no provisions for a child or something to that effect.

Yes the child counts as one whole person.

[Jenn3125 0]

I was just thinking about the Affidavit of Support. I assume a three year old would be counted as a household member and therefore we would need to make sure that our support is high enough for both my husband and stepson, correct? Just wanted to verify there are no provisions for a child or something to that effect.

Yes the child counts as one whole person.

Thank you.

[mcsexy 0]

pushbrk,

Thank you so much for your clarification. I am so excited by this news.

All Vjer's

I spoke with my husband and the way we understand it is that we have two options to continue with his I-130 and file one for our son which would invariably take sometime to be approved and i assume there is no way they would rush it through. Or to continue with the K-3 and the derivative K-4 and file an I-130 in the meantime so that it is approved before AOS for both of them.

The benefits of going the CR-1/CR-2 is no adjustment of status, less paperwork, less money. The drawbacks being that the process would be at two different stages and our son would have to go through the process later. I suppose I don't understand what that might all involve. I assume they still do a medical but police reports? And interview for a three year old?

The benefits of the K-3 being that we already unbeknownst to ourselves did the paperwork and the process could proceed simultaneously. So I assume we could do the medical and everything at the same time as well as the interview (would that be a correct assumption). The drawback being that we would have to do the AOS which is again more paperwork and more money.

Have the above been generally true? Anyone have experience with each of these, any other benefits and drawbacks I am totally missing?

Thank you for your endless help to everyone here.

To avoid a delay, you would continue with the K3/K4 process. A three year old doesn't need an interview but would need a passport for the visa. Check the requirements for a medical for a child as there may be some variation from adult requirements.

I applied first for my AOS and planning later this year for my kids (K4)...do they need to apply for I-130 before AOS?

[payxibka 10,044]

I applied first for my AOS and planning later this year for my kids (K4)...do they need to apply for I-130 before AOS?

Each eventual adjustee (K3/K4) requires a separate I-130... You can submit before AOS or concurrently with the I-485

[mcsexy 0]

I applied first for my AOS and planning later this year for my kids (K4)...do they need to apply for I-130 before AOS?

Each eventual adjustee (K3/K4) requires a separate I-130... You can submit before AOS or concurrently with the I-485

I see. So meaning besides from the AOS fee for my kids I still have to pay I-130 separately? Am i right?