merz

Hi, hope you guys can help me out (again!) on a question I have.

I have had lots of headache and heartache over my daughter now changing her mind and wanting to join me in US, and finding out that it could not be possible for many years.

I believe we have no other option than for my husband to file I-130 for me, and then I file for my daughter.

My USC husband is about to file I-130 for me. We have everything ready to be posted.

However, I keep hearing about the I-129/ K3/K4 for me and my daughter.

She will be 20 in July this year, and is currently at Uni studying Eng Lit.
Yes, she should be a grown up independent young lady by the time it all happens, and may change her mind yet again but I am trying to see all the options.

Is it correct that she cannot adjust status until I file I-130 for her, and that to do so I will give up K3 status and therefore she loses K4 status?


Thank you in advance,
Merz

Noorah101

Hi Merz,

I don't know if your daughter is too old now to immigrate off of a K-4 or not, if you get a K-3. I'm sure someone else will comment on that one.

Regarding your other question of you filing an I-130 for her once you are in the USA....you will already be off your K-3 status at that time, and will be a US PR. She wouldn't get a K-4 from that I-130 petition, she would get an Immigrant Visa.

Rene

merz

Thank you Rene,

I was finally sorted with the I-130 then read something about kids under 21 being able to come in on the K4.

I suppose I am looking for a needle in a haystack to avoid many years of separation.

Merz

Noorah101

Were you and your husband married before your daughter turned 18? For some reason that's ringing a bell for me as being an important factor...but maybe not. Sorry, I don't know much about how kids are involved in immigration.

Hopefully someone can help out soon. I understand your frustration.

Rene

Folinskyinla

Hi:

Daughter CAN come in on a K-4 until her 21st birthday. Now, it has been DHS position that she cannot stay beyond her 21st birthday. That said, there is a 9th Circuit case on the "V-2" visa which went the other way, and then CIS acquiesced in that case nationwide.

The language is ambiguous, to say the least. But it can be read to allow her to stay in the US if you adjust and then you immediately file an I-130.

I'm afraid that you may have asked an excellent question which is not capable of a definite answer at this. If anyone knows of authority contrary to this, I would like to know.

merz

No,that would have been the sensible thing in hindsight.

we had a ceremony but didn't get a license back in 2006 (at that point my daughter had NO interest in coming over) We got married 'again' last week.

And we had not done enough homework.
If I knew then what I know now things would be easier.

Thank you again for the reply, this site has helped me enormously, I wish I had found it much earlier.

Merz

meauxna

Interesting. Even if daughter gets her AOS complete before her 21st birthday?
That is more likely now that adjustments are so much quicker than when the K-3/4 was introduced.

merz

Wow, this sounds interesting...any other info would be appreciated. Thank you.


BTW can my husband file both I130 and I129 at the same time?


Merz

meauxna

Yet another interesting question!

The more important one is, can you successfully file them together.

jeffreyhy

I seem to recall a post a couple of years back from someone who did it out of blissful ignorance and both petitions were accepted for processing. Maybe that person was just lucky, but I remember being curious as to why more people didn't try it.

Maybe I'm forgeting other posts from people who tried it and had their I-129fs returned?

If I were doing it today I would try. But I sometimes tend to think a bit differently from most people!

Regards, JEff

merz

Hi,

Is there a risk attached to doing this? I would hate to end up with nothing or worse because we appeared to be doing something sly. If we can't get into 'trouble' I would be tempted.

Thanks again,

Merz

Noorah101

I think the only risk would be in having the I-129F returned for not having included proof of the I-130 receipt.

Normally, the USC files the I-130 and then gets the official NOA1 (the receipt showing an I-130 was filed). A copy of that official NOA1 is then attached to the I-129F, and the I-129F gets filed.

I do recall one (or more?) people mistakenly filing the I-130 and I-129F at the same time, successfully, but that's not the standard procedure.

Rene

merz

Thanks Rene,
I will check out that option too then....seems it's all about timing.


Regards,

merz

jeffreyhy

I agree. So I would include with the I-129f pile a photocopy of the signed and dated I-130 petition itself.

In this regard I also think of the joint filing of an I-485 and I-130. The I-485 requires an associated I-130, but it's not required to file the I-130 first and wait for the Receipt Notice before filing the I-485. The evidence of filing I-130 is that it's right there in the same package.

CIS explicitly instructs that I-485 and I-130 can be filed together. There is no such instruction - or explicit prohibition - about doing the same with I-129f and I-130.

Agreed, this is what virtually everyone does. But do note that the instructions for I-129f for K3 only say that one must provide evidence of having filed an I-130, the instructions do not say that one must provide the I-130 Receipt Notice. Quite possibly the I-130 being right there in the same package is sufficient evidence.

Glad I'm not the only one with that recollection! So perhaps it actually has happened!

Regards, JEff

meauxna

http://britishexpats.com/forum/showt...nt#post5427580
And post #22.

I'm going to snoop this elsewhere and see what has happened lately. I know people went for the concurrent filing for a while, but I have a feeling a stop was put to it.
It's not what the instructions say, IIRC, but what the law says, that is the sticking point.