Knight

I've been reading parts of the I-485 and I-130 to do with a situation where someone marries a USC, and has a 19yr old child with them as a K4 holder.

The K4 was granted on the basis of the I-129F, without an I-130 being filed.

How does the K4 adjust status now? They need to file an I-130, but because the they were over 18 at the time of the marriage, they can't be counted as a step child.

Is there something I am missing in the K3 and K4 process?

meauxna

Or, is something missing in the law?

Knight

I was hoping it wasn't that. Maybe there's just something we're not thinking of.

I was reading about someone (the foreign spouse) who filed her AoS application at the same time as her 19yr old kid. Her's was accepted, and the kid's denied due to the lack of I-130. Now that the kid's application has been denied, the kid looses the K4 status in 30 days. They'd also have lost the status when the K3 holder was approved if the K4 holder had not started the AoS process.

Just seems that something is missing when you can get a K4 visa for the unmarried under 21yr old children of your foreign spouse, regardless of their age when you married, but can only petition for a visa number for the unmarried under 21yr old children of your foreign spouse if they were under the age of 18 when you married.

Because the foreign spouse is not yet an LPR, they can't file the I-130 for their child either.

californian

I wonder why the K-4 would have been granted? Wouldn't the consulate have foreseen that the K-4 would be unable to adjust status?

*going to Wiki* for more information

Noorah101

My guess is that the consulate only does its own job, which is to issue the visa. They don't care what happens to the immigrant once they enter the USA...that's all handled by a different department altogether.

Rene

Folinskyinla

Hi:

You have it right.

Folinskyinla

Hi:

The K-4 was properly granted. The inability of the child to adjust is irrelevant.

Rete

As others had said, not their job. This is the reason why it is so important that I-130 are submitted for all immigrating parties. Even if they still went the K route, the I-130 is in the works and AOS can be done.

meauxna

That's the point he's getting to tho... the kid didn't qualify for an I-130 because of the marriage timing.
I guess mom can petition for him once she adjusts.

Alternately (WAG idea coming, you were warned) Mom stays as a K-3 to buy junior 2 years on the US to figure out an alternate way to stay?

Rete

DUH! Missed that.

californian

This is a very interesting discussion!

I suppose the 2 year K-4 isn't the worst idea, with the above in mind, or simply as a 2 year visa for *Junior* to stay temporarily in the US (or course if you didn't understand these complex rules it would be devastating).

Knight

Mom has already filed her AoS papers, so in theory that would work but not for this scenario.

Once the mothers AoS is approved the child loses their K4 status 30 days later, putting them out of status.

Can LPRs petition for an immediate visa number for a child, or is there a wait? Would the period of no status harm the petition for the child, or the subsequent AoS?

Noorah101

See here: http://travel.state.gov/visa/frvi/bu...etin_4310.html

Family Based, Category 2B. Unmarried sons and daughters of permanent residents. Currently processing petitions from Nov 1999.

I suppose if the child stays out of status for the next 8 - 10 years it's possible to then adjust status when his priority date becomes current. That would be really hard for a 19 - 29 year old, not being able to work legally, or have a valid status for attending college or anything. During that time, though, he might have the chance to marry an American and adjust status that way.

Rene