Giraffemoon

I am a LPM, my husband is the USC. My child (10 yrs) is in England
awaiting the I-130 my husband filed for her to get her visa. Is it
worth me applying for the K-4 visa for her to come over here and await
the I-130 being processed? On the Consulate site it states that it:

"has been created to reunite families that have been, or could be,
subject to a long separation while their immigrant visa applications are
being processed. The visa entitles the holder to travel to the United
States to await the approval of the immigrant visa petition."

and states that:

"children under the age of 21 for whom an immigrant visa petition has
been filed with the United States Citizenship and Immigration Services,
but the immigrant visa is not yet immediately available to them"

otherwise I face 8 months wait, according to the uscis site, and she is
very distressed over all this.

any advice would be appreciated

thanks

Giraffemoon

> I am a LPM, my husband is the USC. My child (10 yrs) is in England
> awaiting the I-130 my husband filed for her to get her visa. Is it
> worth me applying for the K-4 visa for her to come over here and await
> the I-130 being processed? On the Consulate site it states that it:
>
> "has been created to reunite families that have been, or could be,
> subject to a long separation while their immigrant visa applications
> are being processed. The visa entitles the holder to travel to the
> United States to await the approval of the immigrant visa petition."
>
> and states that:
>
> "children under the age of 21 for whom an immigrant visa petition
> has been filed with the United States Citizenship and Immigration
> Services, but the immigrant visa is not yet immediately available
> to them"
>
> otherwise I face 8 months wait, according to the uscis site, and she
> is very distressed over all this.
>
> any advice would be appreciated
>
> thanks

hah should be LPR, sorry, have been here 3 years, still can't type that!

-Folinskyinla

> I am a LPM, my husband is the USC. My child (10 yrs) is in England
> awaiting the I-130 my husband filed for her to get her visa. Is it
> worth me applying for the K-4 visa for her to come over here and await
> the I-130 being processed? On the Consulate site it states that it:
>
> "has been created to reunite families that have been, or could be,
> subject to a long separation while their immigrant visa applications
> are being processed. The visa entitles the holder to travel to the
> United States to await the approval of the immigrant visa petition."
>
> and states that:
>
> "children under the age of 21 for whom an immigrant visa petition
> has been filed with the United States Citizenship and Immigration
> Services, but the immigrant visa is not yet immediately available
> to them"
>
> otherwise I face 8 months wait, according to the uscis site, and she
> is very distressed over all this.
>
> any advice would be appreciated
>
> thanks

Hi:

It can't hurt. Talk to your lawyer about it. The K-3 is a bastard visa
IMHO because if there was timely processing of I-130's, it wouldn't be
necessary. According the NBC processing times, they are now doing I-
129F's filed last May.

What happens is that whatever one gets processed first is what will be
used for the actual visa and admission.

BTW, you may want to know that once it is actually processed, it should
go pretty quick -- the marriage [yours] has already been validated and
the background checks are pretty minimal.

You might want to consider an approach to trying a "DCF" even though it
doesn't fit the guidelines -- it doesn't hurt to ask -- note that I am
NOT saying it will work.

There are many ways to skin a cat as the American slang term goes.

Maggs

> Hi:
>
> It can't hurt. Talk to your lawyer about it. The K-3 is a bastard
> visa IMHO because if there was timely processing of I-130's, it
> wouldn't be necessary. According the NBC processing times, they are
> now doing I-129F's filed last May.
>
> What happens is that whatever one gets processed first is what will be
> used for the actual visa and admission.
>
> BTW, you may want to know that once it is actually processed, it
> should go pretty quick -- the marriage [yours] has already been
> validated and the background checks are pretty minimal.
>
> You might want to consider an approach to trying a "DCF" even though
> it doesn't fit the guidelines -- it doesn't hurt to ask -- note that I
> am NOT saying it will work.
>
> There are many ways to skin a cat as the American slang term goes.

Hi Mr F

Isn't the K4 visa a derivative of the K3 visa? The OP says she has been
here 3 years and is an LPR. Is it possible to apply for a K4 when the
K3 visa is no longer in effect or can the K4 be applied for
independantly of the K3? (Assuming the OP came to the US on a K3 as she
doesn't say, unless I missed it in another post.)

Thanks in advance

Maggie

-Folinskyinla

> Hi Mr F
>
> Isn't the K4 visa a derivative of the K3 visa? The OP says she has
> been here 3 years and is an LPR. Is it possible to apply for a K4
> when the K3 visa is no longer in effect or can the K4 be applied for
> independantly of the K3? (Assuming the OP came to the US on a K3 as
> she doesn't say, unless I missed it in another post.)
>
> Thanks in advance
>
> Maggie

Hi:

Mea culpa -- you are correct. Of course, there is nothing preventing US
spouse from filing an I-130 on behalf of the already LPR spouse and then
having LPR spouse give up LPR status in order to start all over again.
BTW, back in the days when there were no backlogs in H-1b and EB-3
category and labor certs were easy to come by -- there was a common
strategy for Indian Engineers to give up LPR status in order to get an
H-1b visa so new wife back home could get concomitant H-4, and then when
in the USA, do the immigration all over again.

Giraffemoon

> Hi:
>
> Mea culpa -- you are correct. Of course, there is nothing preventing
> US spouse from filing an I-130 on behalf of the already LPR spouse and
> then having LPR spouse give up LPR status in order to start all over
> again. BTW, back in the days when there were no backlogs in H-1b and
> EB-3 category and labor certs were easy to come by -- there was a
> common strategy for Indian Engineers to give up LPR status in order to
> get an H-1b visa so new wife back home could get concomitant H-4, and
> then when in the USA, do the immigration all over again.

Hello, yes correct, I just spoke to USCIS. They say the only way is
with the I-131 there is a section for emergency humanitarian entry based
on case by case, so if this doesnt work which is likely it won't! - then
we wait for 8 mos for the I-130. WOW this is exhausting!

-Folinskyinla

> Hello, yes correct, I just spoke to USCIS. They say the only way is
> with the I-131 there is a section for emergency humanitarian entry
> based on case by case, so if this doesnt work which is likely it
> won't! - then we wait for 8 mos for the I-130. WOW this is exhausting!

Hi:

You haven't even begun to exhaust the ways of trying to expedite things.

Giraffemoon

> Hi:
>
> You haven't even begun to exhaust the ways of trying to
> expedite things.

Maybe I need a new immi lawyer then, as mine states that the I-131 isn't
going to work, and the only option is waiting! So, I am beginning to
think this is what I should do.

Maggs

> Hi:
>
> Mea culpa -- you are correct. Of course, there is nothing preventing
> US spouse from filing an I-130 on behalf of the already LPR spouse and
> then having LPR spouse give up LPR status in order to start all over
> again. BTW, back in the days when there were no backlogs in H-1b and
> EB-3 category and labor certs were easy to come by -- there was a
> common strategy for Indian Engineers to give up LPR status in order to
> get an H-1b visa so new wife back home could get concomitant H-4, and
> then when in the USA, do the immigration all over again.

Hello

That is very intereresting! I can see how it would be worth doing in
that situation! Thanks for clarifying the K4 question for me.

To Giraffemoon, I hope you will be reuinted with your daughter very
soon. I can understand how hard it is for you and also your young
daughter, you must both miss each other very much. Good luck.

Maggie

-Folinskyinla

> Maybe I need a new immi lawyer then, as mine states that the I-131
> isn't going to work, and the only option is waiting! So, I am
> beginning to think this is what I should do.

Hi:

Sometimes you might just TRY things on the offhand chance they might
work. I can also see other things that might be tried -- if they work
that is great. If then don't, nothing really lost. If you don't bet,
you can't win.