Visa for stepson, I-130 filed, husband is PR living in the US

[xenia109 0]

Hello! I am a USC and my husband got his PR through marriage and adjustment of status. I filed an I-130 in Feb 2013 for my 14 yr old stepson so he can come to school here. We want him to come immediately and not wait until consular processing of his PR is approved. On the USCIS website, it says:

"If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page."

We called USCIS and they said since my husband was never on a K3 visa (he was already in the US), that my stepson is not eligible for a K4.

Has anyone been in the same situation? Is there a different visa we can apply for to get him here sooner?

Thanks!

[canadian_wife 1,823]

Since your husband did not come on a K-3 I do not believe the derivative K4 is available to the child

I assume the mother has given permission for this move to the US?

good luck

[Penguin_ie 5,994]

Did your husband come on a K1? If so, how long ago? If it's been less than one year since his K1 was issued, the stepson can probably get a K2 follow-to-join. If not, your current path, ie you as the USC step parent petitioning via the I-130, is the fastest.

[Kazulie 132]

Gonna have to wait like the rest of us. There is no other way to get him here immediately.

While you are waiting you can:

a) fill in your timeline

b) get everything ready for NVC

c) join this thread http://www.visajourney.com/forums/topic/363683-stand-alone-i-130-for-stepchildren/ and ask any questions you have.

PS. Depending on what country you are from, are you aware of a possible DNA test that the embassy might ask you for? That could add time/money to your case as well. I am at 11.5 months after filing for my step-kids. they had their intervierw a few weeks ago and were approved upon a positive DNA test..... still waiting.

GOOD LUCK! PM me with any questions.

[xenia109 0]

Thanks everyone for the help! My husband was on an H1-B and then adjusted status after we got married. My stepson's mother has agreed to have him come and live with us. He is in Germany. I read on some other threads that people have called USCIS and requested expedited processing. Anyone have luck with this? In the meantime, I will do as you suggested :-) Thank you!

[Penguin_ie 5,994]

Expedite processing is for special cases, such as if your husband was in the US military about to be deployed, or the son's mother/ caregiver died.