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Can K3 apply AOS in US while K4 gets CR1 Visa in consulate??

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Can K3 apply AOS in US while K4 gets CR1 Visa in consulate??

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Old May 8th 2004, 3:45 pm
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Default Can K3 apply AOS in US while K4 gets CR1 Visa in consulate??

I am wondering if K3 and K4 can be seperated in Green card process. Anyone has such experiance?? Thanks
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Old May 9th 2004, 12:47 pm
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Default Re: Can K3 apply AOS in US while K4 gets CR1 Visa in consulate??

I'm no expert, but I don't see why not. There are separate I-130s,
which are not necessarily adjucated at the same time, yes?

linda94002 <member10697@british_expats.com> wrote in message news:<[email protected]>...
    > I am wondering if K3 and K4 can be seperated in Green card process.
    > Anyone has such experiance?? Thanks
 
Old May 9th 2004, 2:13 pm
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Default Re: Can K3 apply AOS in US while K4 gets CR1 Visa in consulate??

Originally posted by Harold
I'm no expert, but I don't see why not. There are separate I-130s,
which are not necessarily adjucated at the same time, yes?
*If* there were separate I-130s.
K4 doesn't always have one.
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Old May 9th 2004, 2:59 pm
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Default Re: Can K3 apply AOS in US while K4 gets CR1 Visa in consulate??

Originally posted by linda94002
I am wondering if K3 and K4 can be seperated in Green card process. Anyone has such experiance?? Thanks
Hi:

I see no reason why not. Since the K-4 has now married, I would tend to think that they may no longer be in valid K-4 status.

The new US citizen spouse will have to file an I-130 for the former K-4 in any case. You just might want to do a I-130/485 here in the United States.

I wonder how often the K-4 gets married while in K-4 status? An interesting fact pattern to say the least.
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Old May 9th 2004, 5:45 pm
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Default Re: Can K3 apply AOS in US while K4 gets CR1 Visa in consulate??

Originally posted by Folinskyinla
Hi:

I see no reason why not. Since the K-4 has now married, I would tend to think that they may no longer be in valid K-4 status.

The new US citizen spouse will have to file an I-130 for the former K-4 in any case. You just might want to do a I-130/485 here in the United States.

I wonder how often the K-4 gets married while in K-4 status? An interesting fact pattern to say the least.

Thanks for all respond. K3 is visa for US citizen spouse. K4 is for the child under 18 years old. We have TWo I-130 for both K3 and K4 before we got K3/K4 visa. I wonder if K4 is attached to K3. If K3 did AOS in US, Can K4 get CR1 immigration visa in consulate? If YES, will K3 be waiting for K4 fulfil the visa? I mean K3/K4 get Green Card at same speed. Very confused? I am sure people normally won't seperate. I just get a special case. My son-K4 is studying in the THIRD country. He can't travel to US for every step at required date. and I won't want to wait here for nothing. Please help me out. Thanks
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Old May 9th 2004, 5:51 pm
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Default Re: Can K3 apply AOS in US while K4 gets CR1 Visa in consulate??

Originally posted by linda94002
Thanks for all respond. K3 is visa for US citizen spouse. K4 is for the child under 18 years old. We have TWo I-130 for both K3 and K4 before we got K3/K4 visa. I wonder if K4 is attached to K3. If K3 did AOS in US, Can K4 get CR1 immigration visa in consulate? If YES, will K3 be waiting for K4 fulfil the visa? I mean K3/K4 get Green Card at same speed. Very confused? I am sure people normally won't seperate. I just get a special case. My son-K4 is studying in the THIRD country. He can't travel to US for every step at required date. and I won't want to wait here for nothing. Please help me out. Thanks
Hi:

You indicate that your son is studying abroad and has now married a US citizen. The I-130 filed by his step-father will now be converted to Family Based 4th preference which is for married sons/daughters of US citizens. That classifciation, unlike the "immediate relative" status has numerical limitation has has a backlog.

It would be probably better that he start over again based upon his wife.
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