I-130 and K-4 To bring step-child to the US

[kutran 0]

Hello,

I am a USC and my wife is K-1 approved and now pending I-485. Is it possible to for me to file I-130 on behalf of step-daughter and then file K-4 once we receive the NOA from I-130?

Thank you.

[aaron2020 11,651]

How old is the stepdaughter?

[kutran 0]

She is 8 years old

[NigeriaorBust 4,087]

was the child named on the original petition and when did your wife arrive ?

[Hypnos 6,576]

Assuming you married before the child turned 18 you file an I-130 as their step-parent and can seek an CR-2 immigrant visa instead. K-4s are rarely issued.

Edited December 16, 2013 by Hypnos

[kutran 0]

Yes, the step-daughter was listed on the I-129F, Part B, Section 13.

My wife entered to the US October 20, 2013.

[aaron2020 11,651]

Two choices.

Choice 1. Pursue the K-2 non-immigrant visa. The cutoff date the US Embassy can issue a K-2 is one year after the issuance of the K-1. Daughter will need to adjust status to get a green card.

Choice 2. Pursue the CR-2 immigrant visa. US citizen stepparent files I-130 for stepchild. Child automatically gets a conditional green card upon entering the US with the CR-2.

I believe the K-2 is quicker by several months. The cost may be a bit more than the CR-2.

[Darnell 8,478]

my 2 cents:

The K-1 interview was in Tokyo on 2013-09-23. Chase a K-2 this week in Tokyo with the IV Unit there.

Child not in Tokyo? inquire via the Guangzhou IV Email Webform thingie if you can run a K-2 through on the child, giving over the consular casefile number. If they say no, because of the K-1 interview in Tokyo,

then

File an I-130 on the child, chasing a CR-2 visa. Don't waste time on any K-4, do not file the I-129F after filing the I-130 - it's a waste of time.

However, if Guangzhou IV Says YES! - then chase a K-2 on the child immediately with the IV Unit .

[RandyW 149]

K-4's are issued ONLY in conjunction with a K-3, which is not available to your wife. K-4 is a derivative of a K-3, NOT a separately available visa.

The I-129F would need to have been filed for a spouse, NOT your step-child.

http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

A child may be eligible for a K-4 visa if:

• He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant

So, yes - the OPERATIVE I-129F is the one you already filed for your fiance. The step-daughter may be eligible for a K-2, as Darnell pointed out. If not, the I-130 is the way to go. No I-129F may be filed.