Hello, I'm a United States Citizen and I would like to make use of the
K4 visa for my daughter who is under 21 and unmarried. So, please answer
the following questions regarding K4 Visas:

1. Firstly, I would like to
know if I could file a K4 Visa for my daughter ALONE, instead of filing
a K3 for my wife and then getting a derivative K4 for my daughter. The
reason I do not want to file for my wife is that, her I-130 has already
been approved and is almost done with the processing with the NVC. If I
file for my wife, JUST TO get a faster processed visa for my DAUGHTER,
not only will my visa lose her Immigration benefits for couple of years,
since she will travel on a Non-Immigrant visa, but also it would be a
useless processing for your office as well.

2. How long does it take
from the date of filing a K4 to issuance of the visa?

3. If in case K-4
cannot be filed for my daughter, what is the FASTEST way to get her to
live in the US.

Thank you in advance for the answers! Take care!


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Posted via http://britishexpats.com

Could anyone please try and answer my question? I have been searching
for an answer for my first question all over the net, but I can't find
it. Nothing even against it. I mean can't a US citizen do anything to
process the visa of his minor child faster than an immigration visa?
This is of course, just in case the K4 cannot be filed seperately. I
thank you again for your time!


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Posted via http://britishexpats.com

The answer to your question is simple, you cannot file K4 for a child
without the mother. K4 is merely a derivatve visa.
If you named your
son/daughter on your wife's I-130 petition, then he/she will have
derivative CR2 or CR3. CR2 for your child and CR3 for step child.

Good luck.


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Posted via http://britishexpats.com

Fragger wrote:
Could anyone please try and answer my question? I have been searching for an answer for my first question all over the net, but I can't find it. Nothing even against it. I mean can't a US citizen do anything to process the visa of his minor child faster than an immigration visa? This is of course, just in case the K4 cannot be filed seperately. I thank you again for your time!

I assume by daughter, you are referring to your step daughter.
USCIS will make the distinction. So, as you probably have been thinking
the fastest way for the daughter to get here would be for the mother to
get the K-3.
Without her mother having a K-3, she would not be able to get a K-4.
However, she has to have the K-4 before she turns 21.

If did not marry her mother before the daughter turned 18, then you
could not file an I-130 for her as a relative. Her mother could file an
I-130, but that would have to be after she becomes a permanent resident,
but that would take a few years. If she is under 21 at the time, this
would be family preference 2A. If over 21 and unmarried that would be 2B
Only a citizen can file for a married child over 21, and that would be
the third prefenence category.

So, currently (for most countries) the currently processing priority
dates are:

2A Dec 8, 1999
2B June 15, 1995
3rd Oct 15, 1997

Originally posted by vade The answer to your question
is simple, you cannot file K4 for a child without the mother. K4 is
merely a derivatve visa. If you named your son/daughter on your
wife's I-130 petition, then he/she will have derivative CR2 or CR3. CR2
for your child and CR3 for step child. Good luck.

My
apologies for hijacking, but Vade, where do you get the CR3 from? I've
only been able to find these immidiate relative categories -

IR1
Spouse of U.S. citizen

IR2 Child under the age of 21 of U.S. citizen


IR3 Orphan adopted abroad by U.S. citizen

IR4 Orphan to be adopted
in the U.S. by U.S. citizen

IR5 Parent of U.S. citizen 21 years and
over

CR1 Spouse of U.S. citizen (conditional status)

CR2 Child of
U.S. citizen (conditional status)

IW1 Certain spouses of deceased U.S.
citizens

IW2 Child of an IW1

The funny thing is, I've been trying to
find info in CR2 visas. Sometimes it appears there is no CR2, because an
IR visa is NOT derivative. It's still listed as a classificaton though.
What I THINK is that it's just that, a classification, and can be filed
seperately from a CR1 because it's not derivative. The classification
will just be CR2 so they now it's a 'conditional kid'. I think. :)
Not
picking on you, just trying to find more info on something I haven't
been able to get clear for a while now.

To the OP - what Mr. Travel
said. :) How old is your stepdaughter exactly? (Assuming too that she's
your stepdaughter).

Elaine


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Posted via http://britishexpats.com

I cannot give all specific answers, as I don't know them. I am, however,
filing for a K3/K4 visa later this month.
I got the most helpful answer
when I emailed the consulate that I am applying through.
I asked MANY
questions through the USCIS and this post- USCIS didn't know the answer,
and someone here told me exactly what I'm telling you, and everything
got cleared up.
Hope this helps.


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Posted via http://britishexpats.com

Thanks for the replys. Well, I don't know where you got that impression,
but I'm not talking about my step daughter, she is my REAL daughter and
her mother and I have been married for almost 20 years now. It was about
4 years ago that we decided to move to the US. So I applied an I-130 for
my wife as a PR with my kids as accompanying immigrants. in Dec. 2002, I
became a USC, and it turns out my kids were no longer in the I-130 I
filed for their mother, which was also approved almost 2 years ago. Now,
if I file a K3 for my wife, it would be rediculous, as her immigration
processing is almost complete and I wouldn't want my wife to loose her
immigrant rights, by travelling on a K3, instead of a IV, just so that
my daughter could get there faster. I filed an I-130 early this year for
my daughter as well, but it turns out that that too will take about a
year and a half to complete. Now, I fear that we would have to wait THAT
long to immigrate, just because of my daughter. So, I was thinking,
isn't there a way to file a K4 for my daughter alone, or maybe something
similar that would not take THAT long to process? Thanks again for your
help!

P.S: Are you sure the K4 cannot be filed seperately?


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Posted via http://britishexpats.com

Fragger,

I think the issue about your daughter as a step-daughter arose
from the incomplete information that you originally provided. The
assumption being that if you are a USC then your natural daughter would
also be a USC, and she would not require a visa. Things become a bit
clearer when you provide the new information that you are a USC by
recent naturalization.

Each immigrant requires their own I-130. Your
daughter may have been listed on the I-130 for your wife, but that does
not mean that she was covered by that I-130.

Since your wife now has an
approved I-130 she is no longer eligible for a K3 visa. (The intent of
a K3 is to allow a spouse to enter the US as a non-immigrant to await
the approval of an I-130.)

A K4 visa is a derivative of a K3 visa. No
K3, no K4.

Regards, JEff

Originally posted by Fragger
Thanks for the replys. Well, I don't know where you got that impression,
but I'm not talking about my step daughter, she is my REAL daughter and
her mother and I have been married for almost 20 years now. It was about
4 years ago that we decided to move to the US. So I applied an I-130 for
my wife as a PR with my kids as accompanying immigrants. in Dec. 2002, I
became a USC, and it turns out my kids were no longer in the I-130 I
filed for their mother, which was also approved almost 2 years ago. Now,
if I file a K3 for my wife, it would be rediculous, as her immigration
processing is almost complete and I wouldn't want my wife to loose her
immigrant rights, by travelling on a K3, instead of a IV, just so that
my daughter could get there faster. I filed an I-130 early this year for
my daughter as well, but it turns out that that too will take about a
year and a half to complete. Now, I fear that we would have to wait THAT
long to immigrate, just because of my daughter. So, I was thinking,
isn't there a way to file a K4 for my daughter alone, or maybe something
similar that would not take THAT long to process? Thanks again for your
help!
P.S: Are you sure the K4 cannot be filed seperately?


--
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)


Posted via http://britishexpats.com

Originally posted by jeffreyhy I think the issue about
your daughter as a step-daughter arose from the incomplete information
that you originally provided. The assumption being that if you are a
USC then your natural daughter would also be a USC, and she would not
require a visa. Things become a bit clearer when you provide the new
information that you are a USC by recent naturalization.

What
Jeff said. :)

Also, when a parent naturalizes in the US with the child
there as well, the child automatically becomes a USC. I have a vague
memory of reading about overseas children being eligible for citizenship
also, because of a parent's naturalization. I'll try and find it later,
maybe in the meantime someone else might know more about this? I think
it was for children under 18, so again, it depends on your daughter's
age.

Oh, and because you've been married longer than 2 years, it's not
about CR visas but about IR visas.
And everybody immigrating (that means
all your kids, not just this daughter, if they're also immigrating)
needs an I-130 filed on their own behalf. There is NO derivative
immediate relative visa. A K4 definitely cannot be filed seperately.

Which country is your daughter in? You might be able to file an I-130
for her at the consulate which is faster than going through a service
center, but it depends on the consulate if they'll allow this. Other
than that, I'm afraid you're stuck waiting it out....

Elaine


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Posted via http://britishexpats.com

Originally posted by jeffreyhy Fragger, I think
the issue about your daughter as a step-daughter arose from the
incomplete information that you originally provided. The assumption
being that if you are a USC then your natural daughter would also be a
USC, and she would not require a visa. Things become a bit clearer when
you provide the new information that you are a USC by recent
naturalization. Each immigrant requires their own I-130. Your
daughter may have been listed on the I-130 for your wife, but that does
not mean that she was covered by that I-130. Since your wife now
has an approved I-130 she is no longer eligible for a K3 visa. (The
intent of a K3 is to allow a spouse to enter the US as a non-immigrant
to await the approval of an I-130.) A K4 visa is a derivative of a
K3 visa. No K3, no K4. Regards, JEff

Thank you for the
info Jeff. So let me see if I have this correct. The ONLY way to get my
daughter here fast is getting her OWN I-130 approved right? If that is
the case, it is really distubring to hear that. I mean what good is a
family unity law, with so many conditions. Anyway, Mr. Vade mentioned
something about a CR2 category, if my daughter was listed in the I-130
filed for my wife. Could anyone of you elaborate on that category and
how may my daughter use it? Furthermore, can I somehow claim Citizenship
for my daughter? However, she was born BEFORE my naturalization but is
still a minor that is under 18. Thanks once again friends!


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Posted via http://britishexpats.com

Originally posted by Fragger Anyway, Mr. Vade mentioned
something about a CR2 category, if my daughter was listed in the I-130
filed for my wife. Could anyone of you elaborate on that category and
how may my daughter use it?

It would be an IR not CR and she
gets it through an approved I-130.... IR2 is just a category they use,
as far as I know (see the list above).

Originally posted by
Fragger Furthermore, can I somehow claim Citizenship for my
daughter? However, she was born BEFORE my naturalization but is still a
minor that is under 18.

Like I said, I'll try and find the
info I had on this later... in a few hours... you could do a search for
it and try to find it in the meantime though.

Which country is your
daughter in? You might be able to file an I-130 for her at the consulate
which is faster than going through a service center, but it depends on
the consulate if they'll allow this.

Elaine


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Posted via http://britishexpats.com

Originally posted by HunterGreen It would be an IR not
CR and she gets it through an approved I-130.... IR2 is just a category
they use, as far as I know (see the list above). Like I
said, I'll try and find the info I had on this later... in a few
hours... you could do a search for it and try to find it in the meantime
though. Which country is your daughter in? You might be able to
file an I-130 for her at the consulate which is faster than going
through a service center, but it depends on the consulate if they'll
allow this. Elaine

Thank you for your post Elaine. I
don't think applying for an I-130 locally would help anymore, as I
already filed one for my daughter, back in January. As for the
citizenship, the last I checked, it was only available to those minor
children, who were born AFTER the naturalization of their parent, which
is not the case with my daughter. If you find out otherwise, please
share it with me. The Child Citizenship Act is quite vague, the law
doesn't say anything about the pre-birth naturalization, but
interpretators I suppose interprate it that way. Once again, any info
would be appreciated in my favor. Thank you and thank all of you who
have helped me so far!


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Posted via http://britishexpats.com

Fragger,

The only way to get your daughter to the US on a family-based
immigrant visa is to file an I-130 for her. That is not fast to most
people's way of thinking.

There may be another type of visa that
would be appropriate for your daughter, depending on her situation, that
would be faster. Maybe even fast.

If I were you I would consult with
an experienced immigration attorney who can elicit all of the facts of
your situation and advise you accordingly. A consultation isn't very
expensive.

Regards, JEff

Originally posted by Fragger

Thank you for the info Jeff. So let me see if I have this correct. The
ONLY way to get my daughter here fast is getting her OWN I-130 approved
right? If that is the case, it is really distubring to hear that. I mean
what good is a family unity law, with so many conditions. Anyway, Mr.
Vade mentioned something about a CR2 category, if my daughter was listed
in the I-130 filed for my wife. Could anyone of you elaborate on that
category and how may my daughter use it? Furthermore, can I somehow
claim Citizenship for my daughter? However, she was born BEFORE my
naturalization but is still a minor that is under 18. Thanks once again
friends!


--
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)


Posted via http://britishexpats.com

Thanks for your post Jeff. I guess, I will get a consultation when I get
back. For now, I was wondering if I could do something from here. Can
you shed some light on the Child Citizenship Act, as to whether or not
it could help my daughter? Most people I talked to are too
unknowledgable about this act. Thanks again!


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Posted via http://britishexpats.com

Okay the vague memory I had is a little different from your situation...
that was a minor who's not-yet-naturalized parent passed away. I
remembered that when I did a search... this is what I came up with...
not much help for you I'm afraid.

"Birth Abroad to Alien Parents, or
Alien Parent and One Citizen (in or out of Wedlock): Under § 321(a), a
child born abroad to alien parents, or of an alien parent and a citizen
parent becomes a citizen of the U.S. upon the fulfillment of the
following conditions.(1) the naturalization of both parents; or (2) the
naturalization of the surviving parent if one of the parents is
deceased; or (3) the naturalization of the parent having legal custody
of the child when there has been a lawful separation of the parents or
the naturalization of the mother if the child was born out of wedlock
and the paternity has not yet been established by legitimatization; and
if (4) such naturalization takes place while the child is under eighteen
(18) years of age; and; (5) the child is residing in the U.S. pursuant
to a lawful admission for permanent residence. This provision of law may
apply to an adopted child only if the child residing in the U.S. at the
time of naturalization of the adoptive parent, in the custody of his
adoptive parents, and pursuant to a lawful admission for permanent
residence. See § 321(b) "

I just Googled "conditions for derivative
naturalization for children".... there's lots more info to be found.


Good luck and I agree with Jeff.... have a talk with a lawyer and
maybe they can come up with something....

Elaine :)


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Posted via http://britishexpats.com

Fragger,

I am "most people" in regard to the Child Citizenship Act.


Regards, JEff

Originally posted by Fragger
Thanks for
your post Jeff. I guess, I will get a consultation when I get back. For
now, I was wondering if I could do something from here. Can you shed
some light on the Child Citizenship Act, as to whether or not it could
help my daughter? Most people I talked to are too unknowledgable about
this act. Thanks again!


--
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)


Posted via http://britishexpats.com

Fragger,

To quote the CCA: "The Child Citizenship Act of 2000 allows
certain foreign-born, biological and adopted children of American
citizens to acquire American citizenship automatically. These children
did not acquire American citizenship at birth, but they are granted
citizenship when they enter the United States as lawful permanent
residents (LPRs)."

This means your daughter might become a citizen as
soon as she enters the US as an LPR.... unfortunately at this stage of
the process the CCA isn't going to help you....
I say 'might' because
under the earlier quote I posted it says both parents have to be
naturalized. I don't know which applies to you. But either way she has
to be an LPR first.

Consult with an attorney... there may be provisions
in the CCA that apply to you/her, or visa options we don't know of. Good
luck,

Elaine :)


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Posted via http://britishexpats.com

Originally posted by HunterGreen Fragger, To quote
the CCA: "The Child Citizenship Act of 2000 allows certain foreign-born,
biological and adopted children of American citizens to acquire American
citizenship automatically. These children did not acquire American
citizenship at birth, but they are granted citizenship when they enter
the United States as lawful permanent residents (LPRs)." This means
your daughter might become a citizen as soon as she enters the US as an
LPR.... unfortunately at this stage of the process the CCA isn't going
to help you.... I say 'might' because under the earlier quote I posted
it says both parents have to be naturalized. I don't know which applies
to you. But either way she has to be an LPR first. Consult with an
attorney... there may be provisions in the CCA that apply to you/her, or
visa options we don't know of. Good luck, Elaine :)


Alright thanks Ms. Elaine. I shall consult an attorney as soon as I
can. Thank you for all your help. Let's hope there is some way around
this.

P.S: I heard there was a petition I could file with the INS, to
process the case of an immigrant with a LOCAL EMBASSY, instead of the
NVC. Could any of you confirm and shed some light on that? I believe
that would expedite the case a little. Thanks again!


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