K4 Visa for Child of CPR parent

[VictoriaS208 178]

Can I file I129f petition to apply for K4 visa for the child of my CPR husband?

 

I am USC and must file I130 for his 3 kids. They live abroad in Mexico. Husband is already in the USA with me and we have adjusted status, and been married less than two years.

 

The children weren't included in the original petition for my husbands K1 visa on the I129f. I have read on the I129F instructions that the petition is only for alien fiances or alien spouses about to file I130. We didn't file I130 for my spouse, he is CPR after AOS from K1.

 

Could I still apply for a Visa for his kids abroad? 

[EM_Vandaveer 2,408]

They were listed, though, on your petition for him as his children, correct? You just didn't apply for K-2 visas for them? If they were not listed, that could cause problems for sure...

You need to file a separate I-130 for each child. It'll take about a year before they get their immigrant visas. Forget K-4, it's obsolete.

Edited October 17, 2018 by EM_Vandaveer

[VictoriaS208 178]

5 minutes ago, EM_Vandaveer said:

They were listed, though, on your petition for him as his children, correct? You just didn't apply for K-2 visas for them? If they were not listed, that could cause problems for sure...

You need to file a separate I-130 for each child. It'll take about a year before they get their immigrant visas. Forget K-4, it's obsolete.

No I didnt list them, I told him we needed to list them and we mistakenly misunderstood the question to LIST ALL CHILDREN it didnt say "LIST ALL CHILDREN THAT ARE MIGRATING"

 

Our dumb mistake!! Since the children are still small, he wanted them to stay in Mexico until they are little older but of course under age of 18 to qualify as a child on the petition.

[geowrian 22,337]

You’re not the first person to make that mistake, but it can raise questions sometimes.

 

No K-4 possible...that’s only possible as a derivative of a K-3 visa applicant. There is no K-3 in your case (nor are they issued anymore in almost every case). It would be a K-2, but you need to 1) correct the I-129F and 2) they need to apply within 1 year of the original K-1 visa being issued.

[Boiler 45,651]

Looks like he has been here 18 months so moot.

 

Presumably the Mother is OK with this.

[VictoriaS208 178]

3 minutes ago, geowrian said:

You’re not the first person to make that mistake, but it can raise questions sometimes.

 

No K-4 possible...that’s only possible as a derivative of a K-3 visa applicant. There is no K-3 in your case (nor are they issued anymore in almost every case). It would be a K-2, but you need to 1) correct the I-129F and 2) they need to apply within 1 year of the original K-1 visa being issued.

None of the 2 options  I qualify 😭 

 

One, I can correct the I129F from the husband but that's already been approved and he has adjusted status already in the USA. So I dont believe USCIS will take updated information on approved petitions. 

 

And 2, his K1 Visa was issued April 10, 2017. So sucks for us. Kids will have to wait until approval of I130. I thought there was a way to get a nonimmigrant visa so they can come to the USA until they can establish LPR status.

 

 

[Boiler 45,651]

Only one that comes to mind is the F1 if they want to go to School.

[geowrian 22,337]

16 minutes ago, Boiler said:

Looks like he has been here 18 months

I assumed it was too long but I’m on my phone so I couldn’t see the history easily.   AOS interview today so no computer.

Edited October 17, 2018 by geowrian

[Unlockable 7,315]

7 minutes ago, mgsanch509 said:

None of the 2 options  I qualify 😭 

 

One, I can correct the I129F from the husband but that's already been approved and he has adjusted status already in the USA. So I dont believe USCIS will take updated information on approved petitions. 

 

And 2, his K1 Visa was issued April 10, 2017. So sucks for us. Kids will have to wait until approval of I130. I thought there was a way to get a nonimmigrant visa so they can come to the USA until they can establish LPR status.

 

 

No. As you are finding out, it doesn't work like that. It is fraud to use a nonimmigrant visa to live in the US. They were supposed to come under the K2. It is an oversight that you and your husband has made but fortunately it doesn't stop your children from migrating here. It is just going to take longer than expected.

[VictoriaS208 178]

Are my stepchildren immediate relatives? Wouldnt they be provided IR2 visas? 

 

Somewhere on VJ I read, that once I-130 for each of my stepchildren is approved by USCIS, it forwards it like usual to NVC for a Visa Number & additional processing. Then when NVC forwards the info to embassy, they will receive each IR2 visa, when they enter the USA they will automatically be issued a green card.

 

I read this a few time from different VJ members. Is this correct?

[geowrian 22,337]

13 minutes ago, mgsanch509 said:

Are my stepchildren immediate relatives? Wouldnt they be provided IR2 visas? 

 

Somewhere on VJ I read, that once I-130 for each of my stepchildren is approved by USCIS, it forwards it like usual to NVC for a Visa Number & additional processing. Then when NVC forwards the info to embassy, they will receive each IR2 visa, when they enter the USA they will automatically be issued a green card.

 

I read this a few time from different VJ members. Is this correct?

As stepchilden, they will receive either a CR-2 or IR-2 depending on the length of the marriage when the visa is issued. They will enter with CR-2 or IR-2 status based on date of POE (which can be different than the visa). They will be LPRs after POE and the physical green cards will arrive later.

 

If they were biological children (and could not derive citizenship at birth), they would be issued an IR-2 always.

Edited October 18, 2018 by geowrian

[aaron2020 11,651]

12 minutes ago, mgsanch509 said:

Are my stepchildren immediate relatives? Wouldnt they be provided IR2 visas? 

 

Somewhere on VJ I read, that once I-130 for each of my stepchildren is approved by USCIS, it forwards it like usual to NVC for a Visa Number & additional processing. Then when NVC forwards the info to embassy, they will receive each IR2 visa, when they enter the USA they will automatically be issued a green card.

 

I read this a few time from different VJ members. Is this correct?

For US immigration purposes, your stepchildren are your Immediate Relatives since you married their father while they were under age 18. 

 

They would get IR2 visas if their interviews happens after your 2nd wedding anniversary.  If they interview before your second anniversary, they would get CR2 visas.

 

When they enter the US with the CR2 or IR2 visas, they would automatically get green cards.

[VictoriaS208 178]

Just now, geowrian said:

As stepchilden, they will receive either a CR-2 or IR-2 depending on the length of the marriage when the visa is issued. They will enter with CR-2 or IR-2 status based on date of POE (which can be different than the visa). They will be LPRs after POE and the physical green cards will arrive later.

 

If they were biological children (and could not derive citizenship at birth), they would be issued an IR-2 always.

Thank you so much for clarifying this!

 

You have answered many questions in the past during my K1 visa process and after AOS. I love VJ and all its members! Everyone always so helpful!

 

I believe it will be CR2. Since I'm been married with CPR parent for less than 2 years. I married last May 18, 2018. Will they receive a Visa and need to travel USA to get GC?

[VictoriaS208 178]

2 minutes ago, aaron2020 said:

For US immigration purposes, your stepchildren are your Immediate Relatives since you married their father while they were under age 18. 

 

They would get IR2 visas if their interviews happens after your 2nd wedding anniversary.  If they interview before your second anniversary, they would get CR2 visas.

 

When they enter the US with the CR2 or IR2 visas, they would automatically get green cards.

Oh nice! That makes sense! Thank you for replying and answering my question!

[aaron2020 11,651]

1 minute ago, mgsanch509 said:

Thank you so much for clarifying this!

 

You have answered many questions in the past during my K1 visa process and after AOS. I love VJ and all its members! Everyone always so helpful!

 

I believe it will be CR2. Since I'm been married with CPR parent for less than 2 years. I married last May 18, 2018. Will they receive a Visa and need to travel USA to get GC?

Of course they would need to travel to the US to get their green cards.  Green card holders are REQUIRED to live in the US.