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Q: Immigration - K3 visa related questions ( No Answer,   4 Comments )
Subject: Immigration - K3 visa related questions
Category: Family and Home > Families
Asked by: tinypatient-ga
List Price: $10.00
Posted: 23 Aug 2005 23:04 PDT
Expires: 22 Sep 2005 23:04 PDT
Question ID: 559575
Situation: My parents are US citizens. One of my sons is on F1 visa in
US. Another one is 19, a student in Mumbai - India. My husband travels
to the US on tourist visa almost every couple of years for the past 10
years. I have a few questions.

1. If my parents apply for I-130, would we still be able to visit US
on tourist visa? Given that it takes over 10 years for non-dependent
children over 21, it would be restrictive if we can't travel once we file K3.

2. Would it be advisable to file for two separate petitions - one by
my mother and one by my dad, so that in case of demise of any of the
parent the application would hopefully not be affected.

3. Similarly, would our son in India be able to apply for F1 without any
problems if we have filed for K3.

4. By the time K3 is approved, the younger son will be over 21. He
will then be considered non-dependent. Would he be considered
non-dependent based on the date of filing or when the visa is issued.

5. How would the status of our son on F1 be affected with filing of K3.

6. Is there any link providing current statistics and expected date of
K3 approval for non-dependent child.
Any suggested link to blogs, newsgroups or discussion forums?
There is no answer at this time.

Subject: Re: Immigration - K3 visa related questions
From: myoarin-ga on 24 Aug 2005 10:32 PDT
Have you seen the website of the US Citizenship and Immigration Service:
Subject: Re: Immigration - K3 visa related questions
From: tinypatient-ga on 24 Aug 2005 14:58 PDT
Thank you for the link, but none of my questions are answered there.
Subject: Re: Immigration - K3 visa related questions
From: ahoyer2-ga on 13 Dec 2005 13:50 PST
Sorry if this answer is late.. but i've been digging myself about this
info and here's what i've learned.

For #1.  If you have a migration process in your name, the immigration
officer at the port of entry can deny you entry based on the I-130
process.  He can assume you're coming to stay (b/c of the process in
your name) even if you're not and having a denied entry to the US
could hamper your I-130 process.

If you were born to US citizens, weren't you granted "automatic"
citizenship through them?

I don't have answers to the other questions.. but I hope this helps.
Subject: Re: Immigration - K3 visa related questions
From: tinypatient-ga on 13 Dec 2005 14:55 PST
Thanks for the response. BTW my parents are naturalized citizens and I
am not a dependent child (I am over 21!)

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