x24

I'm planning on filing an I-130 for my wife while my N-400 is in process. After the N-400 gets approved, I would be sending in the I-129F along with a proof of citizenship and the I-130 receipt notice to file a K3 for my wife.

Now, here's our situation. My wife is pregnant and is expecting around Sept/Oct of 2006. Knowing the Baltimore office, my N-400 wouldn't be approved by then. Regardless of my N-400, when my baby gets born, do I have to file an I-130 for the baby so when the time comes when I can file for the K3 for my wife, the baby would get the K4? K3 documentation mentions that children of the person filed for the K3 will get the K4 visa, but there's no mention that the K4 recipient should have a pending I-130. When my wife comes in the US via the K3 visa, along with the baby with his/her K4 visa, what would the baby be waiting for then, since he/she doesn't have an I-130 pending for her? When my wife's I-130 gets approved and becomes an immigrant (of course after filing for an AOS), does the baby become and immigrant as well even though I didn't file for an I-130 for the baby?

I hope I didn't confuse anybody

rcochran

x24 wrote:
    > I'm planning on filing an I-130 for my wife while my N-400 is in
    > process. After the N-400 gets approved, I would be sending in the I-
    > 129F along with a proof of citizenship and the I-130 receipt notice to
    > file a K3 for my wife.
    > Now, here's our situation. My wife is pregnant and is expecting around
    > Sept/Oct of 2006. Knowing the Baltimore office, my N-400 wouldn't be
    > approved by then. Regardless of my N-400, when my baby gets born, do I
    > have to file an I-130 for the baby so when the time comes when I can
    > file for the K3 for my wife, the baby would get the K4? K3
    > documentation mentions that children of the person filed for the K3 will
    > get the K4 visa, but there's no mention that the K4 recipient should
    > have a pending I-130. When my wife comes in the US via the K3 visa,
    > along with the baby with his/her K4 visa, what would the baby be waiting
    > for then, since he/she doesn't have an I-130 pending for her? When my
    > wife's I-130 gets approved and becomes an immigrant (of course after
    > filing for an AOS), does the baby become and immigrant as well even
    > though I didn't file for an I-130 for the baby?

Ordinarily, K-4 recipients are step-children of US citizens, and they'd
normally have to have an I-130 filed on their behalf in order to adjust
status to lawful permanent resident. The I-130 is eventually needed
for adjustment of status, even though it's not needed for the K-4 visa
itself.

But since this is your biological child, see INA 320 and INA 322. It
looks to me like, when you become a citizen, your child will probably
have a quick path to automatic citizenship. I'm assuming you've lived
in the US for at least five years (that was probably a requirement for
your citizenship).

--Rich

x24

Makes sense. Although I think this will be just a matter of timing, as to when I become a citizen, when the baby will be born, and when my wife's I-130 or the K3 gets approved. If I interpret INA 322 right, specifically "(5) 6/ The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.", lawful admission should include the K4 (non immigrant) visa? Would it be safe to say that I can just file for an I-130 for my wife now and then by the time I become a citizen, applying for a K3 for my wife will automatically give my baby a K4, both come in with a non immigrant visa but I can then apply for my child's citizenship (via the child citizenship act) and my wife can wait for her I-130 to get approved. This way I don't have to worry about my child being an LPR (or needing to file an I-130 for the baby) since the baby can actually go straight to being a citizen? This sounds like a good plan to me, provided it's a recommendable plan of action.