Richard III

I don't see why my life should return to normal just yet....

My wife's soon-to-be 20 year old son is remaining behind in Russia for the time being. We are uncertain about whether he will follow his mum and sister to the US right now... he has a serious girlfriend. We will probably petition for him and he will either use the visa when he gets it or he will stay in Russia for the forseeable future. The deal is that if he doesn't come before his 21st birthday, he won't be able to come over for 5-6 years. Tough decisions for a young man to make. Anyone who has experience with a "follow-on child" who would like to share their experience with me, please let me know of anything of which I should be aware. Thanks -

Richard III

lpdiver

I don't have any experience but I would file the papers. It's cheap insurance.

Folinskyinla

Hi:

Get that I-130 in place for him if you haven't already done so. Also, upon completion of your wife's adjstment, she should file a "FB-2" I-130 fro him.

If he comes here on the K-3 and files the AOS before his 21st birthday, he won't age out.

Otherwise, the choice is his. And 20 year olds have a mind of their own -- as I well know.

Khadija

Hi,

As Ben Franklin said, "An ounce of prevention is worth a pound of cure". I say file the paperwork. If his K4 is like your wife's K3, he can travel in/out of the US for the life of the K visa if I'm not mistake (someone correct me if I'm wrong). That way, if he's still serious about the girlfriend, he can come here to activate the K visa and can return to Russia and see what's up with his romantic future. Worst case (for his mum) is he decides to stay in Russia thus making it expensive for you all to go visit.

Speaking of the pricey tickets to get your loved ones here, just think of all those frequent flier miles - espeically if you use an airline credit card to make the purchase!

Any news on the resealed mysterious brown envelope?

Patty

Richard III

Thanks Mr. Folinskyinla,

Let me get this straight. I included his name in the original I-130 which we files back in late November of 2002. Am I correct in believing that I now need to file the I-129F/K-4 paperwork for him?

Yes, I do know 20 year olds, my memory of being twenty, fortunately, isn't too dim..... yet ;^). He is a bright and talented young man, the question is, how practical is he? At some point, you have to rely on good upbringing.

Thanks again for the tips, all the best of everything to you and yours,

Richard III

Richard III

Patty -

Yes, we will, likely, file the I-129F/K-4 stuff pretty soon and just work it through, better to have some options rather than none.

My stepson is showing up at the consulate in Moscow tomorrow to hand deliver the package. I won't know the disposition until late Monday when I talk to my wife again.

Richard III

sibsie

I bet that's a journey he's not looking forward to. Good luck.

Maggs

Hello Richard

I have a similar problem. My son, 19 yrs, wishes to join me here in the US now. Her didn't originally want to come so soon. We filed a I-130 for him in March 03 at the same time as mine. We didn't apply for his K4 when we applied for my K3 as he didn't want to come so soon. He wanted to wait until the I-130 was approved which would give him some time to make sure he really wanted to come here. Well, now he really wants to come here and doesn't want to wait until next Dec when the I-130 will be aproved.

How do we go about applying for his K4 visa now? I haven't ajusted status yet as I was going to wait for the I-130 to get approved and then go back and get the visa at the London Embassy as it is quicker than AOS.

Does anyone know which forms we file. Is it just the I-129 like we filed for my K3? Any help would be greatly appreciated.

Maggie

jeffreyhy

Richard,

Including your stepson's name on your wife's I-130 doesn't do anything for him. He needs an I-130 filed individually for him in order to immigrate.

He does not need his own I-129f. He can apply for a K4 visa on the basis of his mother's K3, as long as the visa can be issued to him within a year off the issue of his mother's K3. And he can get to the US and get an I-485 (AOS) filed before he turns 21.

You must file the I-130 for him before or with the I-485.

Regards, JEff

Richard III

JEff -

Of course, you are correct, I mis-spoke, I'll need to file an I-130 and carry on from there... Thanks, I would have figured it out as soon as I reviewed the paperwork, it seems like a million years ago as this point.

Richard III

Richard III

Maggie -

It's hard to go wrong if you just follow Mr. Folinskyinla's instructions in his post above.

Richard III

Richard III

sibsie -

I know, poor guy, he makes a perfectly innocent mistake and the whole world stops while he takes corrective action... bummer.

Richard III

Maggs

Hi Richard, Jeff


I already have my K3 visa and am in the US already. My son also has a I-130 petition in place too. What I need to know from anyone is how do we apply for a K4 when I already have my K3 issued and am in the US. Is there a specific form or do we just write a letter? At worst we could wait for the I-130 to be approved which will be around September 04 (depending on NSC) but he wants to come here earlier. Following Mr F's post would not make sense for us as my son already has his I-130 in place. We wouldn't need to wait until I am a PR and apply for an F2b as my sons I-130 would be approved at the same time as mine around Sept 04 and could get his immigrant visa then anyway.

Maggie

jeffreyhy

Maggs,

Your son files the same forms to apply for his visa that you filed to apply for yours. He should be sure to indicate that he is applying on the basis of the I-129f that was approved for you. His visa needs to be issued within 1 year of the date that yours was issued.

Regards, JEff

Maggs

Many thanks Jeff. This is what I thought but was unsure. Mine expires on June so we'd better get our skates on!

Thanks again

Maggie