K-4 Visa - How to Proceed

[Jengles 0]

I'm getting confused with all the info I'm reading. Hubby is here on a K-3, we are delaying AOS to get one of his daughters here on a K-4. But I'm confused about follow to join benefits. Since he has a k-3 he has an approved I-130. So if/when we do the AOS, and he gets his green card at that point, would his other children not have follow to join benefits. His children were on both applications.

So if he gets his green card would he then have to file seperate i-130's for other children?

and what is the process to get k-4 visa started. Called USCIC and was given wrong info. any help would be appreciated?

[payxibka 10,044]

I'm getting confused with all the info I'm reading. Hubby is here on a K-3, we are delaying AOS to get one of his daughters here on a K-4. But I'm confused about follow to join benefits. Since he has a k-3 he has an approved I-130. So if/when we do the AOS, and he gets his green card at that point, would his other children not have follow to join benefits. His children were on both applications.

So if he gets his green card would he then have to file seperate i-130's for other children?

and what is the process to get k-4 visa started. Called USCIC and was given wrong info. any help would be appreciated?

The derivative status for K-4 was provided by the I-129f . In order for a K-4 to adjust after arrival they require a seperate approved I-130 so you need to file that regardless.

K-4 is started at the consulate as the USCIS does not issue visas... You begin similiar to what you did after packet 3 arrived... Contact the consulate

[Jengles 0]

why would they require a seperate approved I-130 if they were on their father's orginial I-130. Shouldn't I be able to just do an AOS for them if they come in on an K-4, because then I would still be the sponsor. I'm trying to figure out exactly how follow to join benefits work.

Now if he gets his green card then he can file i-130 for them.

[payxibka 10,044]

why would they require a seperate approved I-130 if they were on their father's orginial I-130. Shouldn't I be able to just do an AOS for them if they come in on an K-4, because then I would still be the sponsor. I'm trying to figure out exactly how follow to join benefits work.

Now if he gets his green card then he can file i-130 for them.

The deravitave benefit (follow-to-join) is not the result of there father's I-130 but there father's I-129F.. gotta keep those seperate in your mind... The K-4 needs an approved I-130 to adjust status....

It is always better if the USC files the I-130 petition because they are not subject to visa availability if you can

[Jengles 0]

ok, I thought that once they were in the country u needed to file an AOS, but you're saying no, they need to file an I-130. I didn't know you could file I-130 for someone who is already inside America, I thought you filed I-485, once they were in America since they came in on a valid visa.

[payxibka 10,044]

ok, I thought that once they were in the country u needed to file an AOS, but you're saying no, they need to file an I-130. I didn't know you could file I-130 for someone who is already inside America, I thought you filed I-485, once they were in America since they came in on a valid visa.

Actually the I-130 can be filed at the same time as the I-485 but in the end it is either now or later.....