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M.F

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    Documents for NVC

    in Bringing Family Members of US Citizens to America

    Posted

    Hi Members,

     

    I have to submit documents to NVC for my childs immigration and i know few documents that i would have to send them, can anyone please confirm what are all the documents that i would have to submit to NVC along with the sponsor details?

     

    I am confused which I-864 form i should use to submit to NVC.. either I-864, I-864A or I-864W.(My child is 2 years old now)

    Do I also have to add her photographs, if yes how many pictures do i have to send. 

     

    Can anyone please help?

     

    Thank you,

    MF

    USC Child Immigration

    in Bringing Family Members of US Citizens to America

    Posted

    Hi All Vj Members,

     

    I have submiited I-130 for my child last year and it is in NVC stage now, I have paid the fees and waiting for the documentation to be done. However i have one question, which AOS for should i select for my child... Would it be I864w or I864. Can you please advice i am in a dilemma.

     

    My child is 2 yrs old and would she get citizenship when she enters USA?

     

    Thank you very much for your answers. 

     

    Regards,

    MF

    Signatures on I751

    in Removing Conditions on Residency General Discussion

    Posted

    Hi All, 

     

    I am filing for my husband to remove conditions on GC. I am bit confused where do i have to sign and does signatures of my husband are required on the I751 or not? If he has to sign where should he sign whether 6.a Petitioner's Signature or 6.b which says Spouse's or Individual's Signature. Please advice I have to file this month. 

     

    thank you,

    MF

    Remove Conditions.

    in Removing Conditions on Residency General Discussion

    Posted

    Hi, 

     

    Can anyone please advice what are all the documents that i would have to submit along with the I-751 form for removing conditions on my green card?

     

    Is it mandatory to send the cover letter along with the document?

    I have bank account with my spouse.

    I have credit cards on both of our names.

    I have a joint lease on our names.

    we have a baby who is still back in my home country( I am going to attach the birth certificate)

    Is there anything else that i would have to attach as a proof that marriage exists in good faith?

     

    Thank you Members,

    M.F

    Child I-130 Petition Pending Adjudication

    in Bringing Family Members of US Citizens to America

    Posted

    Hi There, 

     

    I am a USC filed for my baby who born in my home country, as i didnt stay in US after completing 14 years of age we were not qualified for  CRBA, I have submitted the I-130 petition in Dec 2017 and its been 7 months that our I-130 petition is not approved. I have submitted a request with USCIS and they have sent me a letter which says that our case is pending adjudication. Any Idea how much more time would it take to get the I-130 petition approval?

     

    Thank you,

    MF

    Can i bring my 2 yrs old child on k3-k4 visa

    in K-3 Spouse Visa Process & Procedures

    Posted

    as per USCIS link :- https://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas it says i can bring my child. Is it true or not. Please advice, i have pasted the information from the USCIS website below. Please advice.

     

     

    K-3/K-4 Nonimmigrant Visas

    Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.

    Eligibility

    To be eligible for a K-3 nonimmigrant visa, an individual must:

    • Be married to a U.S. citizen 
    • Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf

    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

    Note:  In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

    Application Process

    Before applying for a K-3 nonimmigrant visa, please read and understand the limitations of the K-3/K-4 nonimmigrant visa described below. 

    To obtain a K-3 nonimmigrant visa for your spouse, you (the U.S. citizen petitioner) must file two petitions with USCIS on his or her behalf.

    Form I-130: First, file a Form I-130 on behalf of your non-citizen spouse with the Chicago Lockbox. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130. Note: Form I-130 does not need to be filed on behalf of the child of a K-3 beneficiary in order to obtain a K-4 visa.  Form I-130 does, however, need to be filed on behalf of the child of a K-3 beneficiary in order for the child to be eligible for permanent resident status.  

    Form I-129F, Petition for Alien Fiancé(e): Next, file Form I-129F on behalf of your non-citizen spouse with the Dallas Lockbox after filing Form I-130.  Include a copy of the I-797, Notice of Action, indicating that USCIS has received your Form I-130, on behalf of your non-citizen spouse. There is no fee when filing a Form I-129F for a non-citizen spouse (K-3). If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed on the I-129F filed on your spouse’s behalf.

    If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing.

    Then the non-citizen spouse and any minor children will then need to apply to the U.S. Department of State for the K-3 or K-4 nonimmigrant visa. For more information on the visa application process, see the “Nonimmigrant Visa for a Spouse (K-3)” link to the right.

    Benefits and Limitations of K-3/K-4 Nonimmigrant Visa

    The benefits of the K-3/K-4 visa include:

    Once admitted to the United States, K-3 nonimmigrants may apply to adjust status to a permanent resident at any time. Upon admission to the United States, K-4 nonimmigrants may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed on his or her behalf by the U.S. citizen petitioner.

    Upon admission, K-3 and K-4 nonimmigrant visa holders may obtain employment authorization.  They can obtain evidence of eligibility to work legally in the United States by filing Form I-765, Application for Employment Authorization. Upon filing an application for adjustment of status, K-3 and K-4 nonimmigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 nonimmigrant status expires.

    The Limitations of the K-3/K-4 Nonimmigrant Visa

    When the K-3’s I-130 reaches the Department of State, an immigrant visa is immediately available to him or her such that the he or she and his or her children are no longer eligible for K-3/K-4 nonimmigrant status, but rather must immigrate as lawful permanent residents.  If the K-4 does not have an approved I-130 at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.

    Therefore, while there is no requirement that a separate Form I-130, Petition for Alien Relative be filed on the child’s behalf for the purposes of obtaining a K4 visa, it is advisable that the USC petitioner file a separate I-130 on the child’s behalf concurrently with the I-130 that he files for the spouse.   

    The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visas holders for a 2-year period. K-3 or K-4 nonimmigrant visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.

    For more information, see the “Nonimmigrant Visa for a Spouse (K-3)” link to the right.

    Automatic Expiration of a K-3 Nonimmigrant Visa

    A K-3 visa holder's authorized stay automatically expires 30 days after any of the following events:

    • USCIS denies or revokes the Form I-130 visa petition 
    • USCIS denies a Form I-485 filed by the K-3 nonimmigrant or Department of State denies the immigrant visa application filed by the K-3 nonimmigrant 
    • Termination of the marriage through divorce or annulment

    Note: A K-4’s authorized stay automatically expires when the K3’s status expires.

    If Your Child Turns 21 Before Obtaining Immigrant Status

    Holders of K-4 nonimmigrant visas will be admitted to the United States for 2 years or until the day before their 21st birthday, whichever is shorter. The K-4 nonimmigrant 's status will expire when he or she turns 21. If the USC petitioner filed a Form I-130 on a K-4 nonimmigrant’s behalf before the K-4 turned 21, he or she may continue to be eligible for adjustment of status under the Child Status Protection Act.

    If Your Child Marries Before Being Issued an Immigrant Visa

    The K-4 nonimmigrant’s status automatically expires 30 days after he or she marries.

    Advance Parole for K-3 or K-4 Family Members

    Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant visa has expired and the applicant has an adjustment of status application that remains pending.

    Changing to Another Nonimmigrant Visa Category

    K-3 or K-4 nonimmigrant visa holders cannot change status in the United States to another nonimmigrant visa category.

    Affidavit of Support

    Form I-864, Affidavit of Support, is not required when applying for the K-3 or K-4 nonimmigrant visa. However, the K-3 or K-4 nonimmigrant will need to furnish evidence showing that he or she will not become a public charge while in the United States. You may opt to complete Form I-134, Affidavit of Support, to help demonstrate that you will not become a public charge while in the United States. When the K-3 or K-4 nonimmigrant applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will need to file Form I-864.

    K-3 or K-4 Status After Approval of an Application for Adjustment of Status

    If adjustment of status is approved, the K3/K4 nonimmigrant will become a lawful permanent resident of the United States. If, at the time of approval, your marriage is less than 2 years old, the K-3 or K-4’s permanent resident status is issued on a conditional basis. You and your spouse will then be required to file a Form I-751, Petition to Remove Conditions of Residence within the 90 day period prior to the expiration date on the green card.

     

     

    Can i bring my 2 yrs old child on k3-k4 visa

    in K-3 Spouse Visa Process & Procedures

    Posted · Edited by M.F

    Hi,

     

    can anyone please tell me if i can file for a k3-k4 visa prior approval of i-130 by uscis?

     

    please advice what can i do to bring her to US asap. 

     

    And what is the normal processing time for i-130 for child? Is it true that it takes less time for child processing form? My wife is USC

     

    i have submitted the case on april 12 2016, any idea when can i get approval?

     

    thank you,

    M.F

    Child of USC

    in Bringing Family Members of US Citizens to America

    Posted

    Can anyone please tell what are all the documents that are required to start the immigration process. I knew some of them. Please add if i am missing anything.

    Parents Passport Copies.

    Baby's Passport Copy

    Baby's 4 pictures of 2x2

    Baby's Birth Certificate.

    I-130

    I have a question do we have to submit some other forms along with I-130? Can you please name the form that has to be submitted along with I-130

    Thank you very much for all your replies.

    Regards,

    MF


    Is mom an LPR OR USC :huh2:

    Mom is USC.

    Child of USC

    in Bringing Family Members of US Citizens to America

    Posted

    Dear Vj Members,

    I have a question..Please help me

    Me and my spouse has filed to I-130 and it has gone through all the process and i got my visa. However during the processing time we are blessed with a baby and unfortunately we forgot to update that in our process, and now i am in US and my wife is in India along with the baby. She statyed back because she wants to complete her education.

    Now she has completed her education and wants to comeback out baby couldn't get the US passport because my wife didn't stay in US for more than a 1 year after she completed 14 yrs.

    Can anyone please advice would be better if we can get a tourist visa for our child and then apply for a status adjustment so that it could be quick or do we have to file I-130 along with G-325A form and how much would be the wait time for a baby.

    Could anyone please throw some light on this?

    Thank you,

    M.F

    Visa Issued

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Hi All,

    I would like to thank each and every member of VJ who helped me during the course of right from filing the papers till the visa interview which helped me a lot in answering the questions which arosed.

    Finally I got my visa interview cleared and the Visa status is issued on the Ceac.state.gov portal.

    I have a quick question that as the status is issued. Could anyone here can tell when the passport would be issued with visa?

    Thanks,

    MF

    CRBA

    in Consular Reports of Birth Abroad (CRBA)

    Posted

    Yes, the child has born after the marriage however she didn't stay in US for more than 2 months in US after her 14th birthday cuz she came to India for studying purpose n fortunately we got married here after she completed her graduation.

    She was there in US before 2002 form almost 8 years .

    Could you please confirm if we can submit the CRBA form for our baby in India so that we can get a US passport for the baby OR Do we have to file a separate I-130 petition for our baby too?

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