I-130s for the kids

[dkdunning 0]

We are about to file our initial package for K-3 and K-4 visas for my wife and children. However, as we are coming down to the wire, I am having a crisis of confidence regarding the paperwork for our two boys.

In the FAQ, I found this:

10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Okay, so to be thorough, we plan to file an I-130 for both children. My concern lies in the processing of the different paperwork, however. Do the boys get separate files, and separate time lines? Or will it be recognized that this is a family, and all of them get processed together?

Thanks for any insights,

David

[pushbrk 12,230]

We are about to file our initial package for K-3 and K-4 visas for my wife and children. However, as we are coming down to the wire, I am having a crisis of confidence regarding the paperwork for our two boys.

In the FAQ, I found this:

10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?

A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.

Okay, so to be thorough, we plan to file an I-130 for both children. My concern lies in the processing of the different paperwork, however. Do the boys get separate files, and separate time lines? Or will it be recognized that this is a family, and all of them get processed together?

Thanks for any insights,

David

I would definitely file an I-130 for each intending immigrant and put them together in the same envelope with separate checks. Treat them as if they were completely different filings, even though they ARE in the same envelope because each must stand alone if they get separated. USCIS will make every attempt to process them together but no guarantees.

Then, I would follow the CR1 and CR2 path, not the K3 and K4 path. Particularly with multiple children, the expense of adjusting status is very high and K3/4 really doesn't save much time anymore.

[YuAndDan 153]

I would file the I-130s for the children along with parent, this will allow you the option to go CR-1 CR-2 visas if everything is approved at the same time which has been the case lately.

If you do go CR-1 and CR-2 for the children you WILL SAVE A TON of $$$ when considering the cost of adjustment of status.

You can save yourself a heep of $$$ and simply file 3 I-130s together 1 for wife, and 1 each for children and forget the I-129F. This results in a CR-1 for wife, and CR-2 visas for children, NO adjustment of status after entry to the USA they will get their green-card the moment they arrive into the USA.

AOS costs $1010 for wife, and $600 - $930 each for children depending on age and if filing with parent.

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

If you consider CR-1, all you need to do is keep the NVC processing going for CR-1, and delay responding to the K-3 Packets from consulate, or reschedule K-3 interview to allow the CR-1 to complete at NVC and get sent to the consulate.

Similar question not long ago: http://www.visajourney.com/forums/index.php?showtopic=174427

Please fill in profile details, at least the country immigrating from, will help answer questions. http://www.visajourney.com/forums/index.ph...rCP&CODE=01

Edited February 3, 2009 by YuAndDan

[notime4haterz 0]

They processed my husband's kids separately than my husband...however all got approved at the same time. Also, got approved much faster than my husband's petitions which are still pending. Each child gets their own I-130 however. I cannot add anything more than the above 2 posts. They are both immigration whiz's!

[cieloazul 0]

They processed my husband's kids separately than my husband...however all got approved at the same time. Also, got approved much faster than my husband's petitions which are still pending. Each child gets their own I-130 however. I cannot add anything more than the above 2 posts. They are both immigration whiz's!

When filing for the children's I-130/AOS, should a separate $70 AOS fee be included?

[kalapino 0]

I was wrong in assuming that the CR-1 would include the child of the beneficiary,,,,and I have been trying to figure out which path to use because the child is definitely needing to accompany the mother. This is where the K3/K4 route is appealing but seems to have some problems later on, after arrival.

There is some great info in these posts, especially the breakdown of the fees,

As always, thank you very much for your assistance.

It really sounds like the best thing to do in these situations is to file a I-130 for each person wanting a visa, makes more sense.

[pushbrk 12,230]

They processed my husband's kids separately than my husband...however all got approved at the same time. Also, got approved much faster than my husband's petitions which are still pending. Each child gets their own I-130 however. I cannot add anything more than the above 2 posts. They are both immigration whiz's!

When filing for the children's I-130/AOS, should a separate $70 AOS fee be included?

When filing Adjustment of Status, no $70 fee is included for anybody. This is a question for the AOS forum, however. You would be wise to ask your AOS questions there instead of piggybacking on earlier threads that don't apply.