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Kids moving to the states

Kids moving to the states

Old Apr 13th 2012, 10:15 pm
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Default Kids moving to the states

Hi Guys,
Wow it has been 3 years since we used this site when I moved over with the wife and small children, I now have a dilemma. When we moved in 2009 I left 2 children from a previous relationship living with their mother in England. They now want to move here also... They are 18 &17 years old I am still on a green card so my wife would be sponsoring them as her step children ( I understand that as we were married before they were 18 that is the best way to do it) The question is[B] [B]Can they come over on a long visit (as they have in the past) and we file the I130 & I485 concurrently without jeopardizing their approval??
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Old Apr 13th 2012, 10:23 pm
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Default Re: Kids moving to the states

Their ability to visit the US using either the VWP or whatever visas they may possess is independent of any other visa applications that may be in progress at the time.

When they visit they still have to convince CBP that they are only visiting and that they intend to leave the US within the time allowed by the VWP or their visa - just the same as on every other visit that they have made.
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Old Apr 13th 2012, 10:28 pm
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Default Re: Kids moving to the states

I realize this but when they come over in July can we file the I130&I485 so that they can stay and not return to the UK? Or should we file the I130 now and await to file the I485 when they enter on the VWP?

Last edited by chrisncarla; Apr 13th 2012 at 10:30 pm. Reason: missed something
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Old Apr 13th 2012, 10:58 pm
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Default Re: Kids moving to the states

Originally Posted by chrisncarla
I realize this but when they come over in July can we file the I130&I485 so that they can stay and not return to the UK?
Entering the USA as a visitor with the intent to remain and adjust status is illegal. Don't have them do that.

Or should we file the I130 now ...
Yes, file the I-130's now.

and await to file the I485 when they enter on the VWP?
There will not be any I-485 required for their process. The I-130 leads to an Immigrant Visa. Once they enter the USA using the Immigrant Visa, they become a US PR upon entry, and no longer need to adjust status.

In the meantime, during the 8 to 10 months it takes to process their Immigrant Visas, they can come visit as usual on the VWP, and then return home before 90 days is up.

Rene
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Old Apr 14th 2012, 1:51 pm
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Default Re: Kids moving to the states

Hi Rene, thank you for your response.. I am slightly confused.. We will file the I130 in USA, and they live in UK, will the embassy in the UK deal with the PR of the children or will it be delt with in USA? Thank you again for your support
Chris
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Old Apr 14th 2012, 2:40 pm
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Default Re: Kids moving to the states

Originally Posted by chrisncarla
Hi Rene, thank you for your response.. I am slightly confused.. We will file the I130 in USA, and they live in UK, will the embassy in the UK deal with the PR of the children or will it be delt with in USA?
The short version of the process goes like this:

You file the I-130 in the USA (doesn't matter where the child is)
After some time (and a few more steps in the USA), the child submits the application for an Immigrant Visa (doesn't matter where the child is).
The child has a medical exam and attends the visa interview at the US Embassy in London (child must be in the UK for these steps).
If approved, child receives passport and visa back from US embassy (child must be in the UK for this step).
Child uses Immigrant Visa to enter the USA. At that moment, the child becomes a US Permanent Resident (child is in USA at that point).
Child becomes a US PR and can live and work in the USA from Day 1.

I hope that clears things up for you.

Rene
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Old Apr 16th 2012, 3:00 am
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Default Re: Kids moving to the states

Well after a bit more research we have stumbled upon the the K4 visa and are a little more confused. At what point do we apply for the K4? From what we understand this will allow the children to come to the USA while the petition is being processed, is this correct? In what order do we file all of these form? taken from USCIS

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.
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Old Apr 16th 2012, 3:12 am
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Default Re: Kids moving to the states

The K4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa

To qualify for K-4 visa, you must be:

• Less than 21 years old

• The unmarried child of a K-3 applicant

• Seeking to immigrate to the U.S.



are you a K-3 holder ...
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Old Apr 16th 2012, 3:16 am
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Default Re: Kids moving to the states

Hi Ray no I am not a K3 Holder I am an LPR..
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Old Apr 16th 2012, 3:20 am
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Default Re: Kids moving to the states

Originally Posted by chrisncarla
Hi Ray no I am not a K3 Holder I am an LPR..
Then the K-4 visa for the kids does not apply to you.

The only way for your children to immigrate is by obtaining an Immigrant Visa, as I described in Post 6. In the meantime, while waiting for that to process, they can visit the USA for up to 90 days per trip, but don't make back-to-back trips. Spend more time outside the USA than inside.

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Old Apr 16th 2012, 3:26 am
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Default Re: Kids moving to the states

Thanks Rene... The question is there any way my children can come to USA and stay while the I130 is being processed... The dilema is that their mother in the UK has agreed for the children to move to America, but is not willing to take them to the Embassy. It makes it more difficult as my 17 year old son is Autistic and does not cope well with new people/situations. We would have loved them to have moved with us in 2009, but their mother wanted them to complete their schooling in the UK..
Thank you again for your assistance in this matter..
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Old Apr 16th 2012, 3:36 am
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Default Re: Kids moving to the states

Originally Posted by chrisncarla
Thanks Rene... The question is there any way my children can come to USA and stay while the I130 is being processed...
Not unless they qualify for some other non-immigrant visa, but at their age the only one I can think of is a student visa.

The dilema is that their mother in the UK has agreed for the children to move to America, but is not willing to take them to the Embassy. It makes it more difficult as my 17 year old son is Autistic and does not cope well with new people/situations.
Looks like either you or your wife will have to go back to the UK to take them to their visa interview (and probably their medical exam as well).

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Old Apr 17th 2012, 8:57 pm
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Default Re: Kids moving to the states

This thread is of great interest to me and my husband as we are in a similar situation except my step children are 12 and 15. We are unsure at this point when the boys will want to immigrate here to live with us, but we know it will come in the future.

My question is at what age do we no longer need their mother's written consent?

Thank you.

Last edited by mikechristina; Apr 17th 2012 at 8:59 pm.
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Old Apr 17th 2012, 9:02 pm
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Default Re: Kids moving to the states

Originally Posted by mikechristina
This thread is of great interest to me and my husband as we are in a similar situation except my step children are 12 and 15. We are unsure at this point when the boys will want to immigrate here to live with us, but we know it will come in the future.

My question is at what age do we no longer need their mother's written consent?

Thank you.
I believe it is age 18.

Rene
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Old Apr 18th 2012, 2:02 am
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Default Re: Kids moving to the states

Originally Posted by mikechristina
This thread is of great interest to me and my husband as we are in a similar situation except my step children are 12 and 15. We are unsure at this point when the boys will want to immigrate here to live with us, but we know it will come in the future.

My question is at what age do we no longer need their mother's written consent?
It may depend on where they live. In some cases, it may be age 16.

The USA is normally supposed to recognise other country's custody laws but this may require an immigration attorney to deal with.

Alternatively - in many jurisdictions, family courts will generally listen to what children in the teenage groups want, more so than the wishes of parents. Going to court should normally be a last resort.

If they move to the USA before age 18, as permanent residents on arrival, then if you are a US citizen by then they may also become US citizens straight - if they are in your custody. That could be a factor in you deciding when they should immigrate as they avoid the usual wait for citizenship. Research further the Child Citizenship Act 2000.
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