Need desparate info.. activating K4 without making to move to the US yet
Sep 20th 2002, 3:00 pm
#1
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Location: Indiana
Posts: 103
Need desparate info.. activating K4 without making to move to the US yet
Ok.. to make a long story short..
I entered the US on a K3 visa July 31/02.. my son opted to stay with his father, (he has a K4 visa expiring on Oct 26/02). I still have sole custody and I still have the notarized letter from my ex to bring my son across the border for immigration purposes. We're not sure at this point, but things may change fast and he will be coming to the US to live with us here. Is it possible to have my parents in Canada cross the border with my son to activate his visa? Once activated, is he allowed to return to Canada to continue living? If it works out, and he comes to live here in the States, we will be adjusting status around Jan or Feb of 2003. I've read on a yahoo message board of K1's activating their K2's visa's but remaining in Canada until their move to the States. Is this possible to do with a K4 visa? Or does anyone know where I can find some correct information on this?
Thanks so much
Jo
I entered the US on a K3 visa July 31/02.. my son opted to stay with his father, (he has a K4 visa expiring on Oct 26/02). I still have sole custody and I still have the notarized letter from my ex to bring my son across the border for immigration purposes. We're not sure at this point, but things may change fast and he will be coming to the US to live with us here. Is it possible to have my parents in Canada cross the border with my son to activate his visa? Once activated, is he allowed to return to Canada to continue living? If it works out, and he comes to live here in the States, we will be adjusting status around Jan or Feb of 2003. I've read on a yahoo message board of K1's activating their K2's visa's but remaining in Canada until their move to the States. Is this possible to do with a K4 visa? Or does anyone know where I can find some correct information on this?
Thanks so much
Jo
Sep 20th 2002, 4:55 pm
#2
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Joined: Apr 2001
Posts: 46,383
Re: Need desparate info.. activating K4 without making to move to the US yet
It is my understanding that the K-3 and the diverative K-4 are good for three years. Meaning that one does has three years in which to apply for adjustment of status. During those three years, the K visas are good for employment (K-3 at least) and for multi-entries entry into the US from aboard without having to apply for advance parole (unless, of course, you have filed for adjustment of status then the situation changes).
So reasoning would indicate that if your son activated his K-3 and returned to Canada for a few months to complete his schooling, INS should not have a problem with that. Perhaps you might want to pay the $75 to have a consultation with an immigration attorney just to verify my "assumption" and note that is what it is on my part and assumption based on rationale thinking. And we all know that rationale thinking is not a basis for INS procedures.
Rete
So reasoning would indicate that if your son activated his K-3 and returned to Canada for a few months to complete his schooling, INS should not have a problem with that. Perhaps you might want to pay the $75 to have a consultation with an immigration attorney just to verify my "assumption" and note that is what it is on my part and assumption based on rationale thinking. And we all know that rationale thinking is not a basis for INS procedures.
Rete
Originally posted by Jo_B:
Ok.. to make a long story short..
I entered the US on a K3 visa July 31/02.. my son opted to stay with his father, (he has a K4 visa expiring on Oct 26/02). I still have sole custody and I still have the notarized letter from my ex to bring my son across the border for immigration purposes. We're not sure at this point, but things may change fast and he will be coming to the US to live with us here. Is it possible to have my parents in Canada cross the border with my son to activate his visa? Once activated, is he allowed to return to Canada to continue living? If it works out, and he comes to live here in the States, we will be adjusting status around Jan or Feb of 2003. I've read on a yahoo message board of K1's activating their K2's visa's but remaining in Canada until their move to the States. Is this possible to do with a K4 visa? Or does anyone know where I can find some correct information on this?
Thanks so much
Jo
Ok.. to make a long story short..
I entered the US on a K3 visa July 31/02.. my son opted to stay with his father, (he has a K4 visa expiring on Oct 26/02). I still have sole custody and I still have the notarized letter from my ex to bring my son across the border for immigration purposes. We're not sure at this point, but things may change fast and he will be coming to the US to live with us here. Is it possible to have my parents in Canada cross the border with my son to activate his visa? Once activated, is he allowed to return to Canada to continue living? If it works out, and he comes to live here in the States, we will be adjusting status around Jan or Feb of 2003. I've read on a yahoo message board of K1's activating their K2's visa's but remaining in Canada until their move to the States. Is this possible to do with a K4 visa? Or does anyone know where I can find some correct information on this?
Thanks so much
Jo
Sep 20th 2002, 7:47 pm
#3
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Joined: Jul 2002
Location: Indiana
Posts: 103
Re: Need desparate info.. activating K4 without making to move to the US yet
Thanks Rete, I do appreciate your reply.
You jogged a brain cell there. I spoke with customs at the Seattle/Victoria POE and he mentioned about my son remaining in Canada for schooling and coming home to the US for holidays.
Feels lately like I'm running on one brain cell, now I have two..
BTW.. our K3 and K4 visas are good for 2 years from issue date.
Jo
You jogged a brain cell there. I spoke with customs at the Seattle/Victoria POE and he mentioned about my son remaining in Canada for schooling and coming home to the US for holidays.
Feels lately like I'm running on one brain cell, now I have two..
BTW.. our K3 and K4 visas are good for 2 years from issue date.
Jo
