Really confused about k4

[brian917]

I am a US citizen about to file for a k3 visa for my Chinese wife who is still in China. I am very confused about the k4 visa that I will need for her 10 year old son.

Do I need to file a seperate I-130 for him? Or, is he included in the same form that I file for my wife. What about the G-325A, do I need to file one for him as well?

I have found information that seems to state that I must file a seperate I-130 for him and other information that says it is not needed.

I am very confused. Any help would be very much appreciated.

Thank You,
Brian

 

[second stage]

Do I need to file a seperate I-130 for him? Or, is he included in the same form that I file for my wife. What about the G-325A, do I need to file one for him as well?

K-4 is a derivative visa...

Here is an exceprt from the US embassy...you can check on the embassy website that's closest to where your wife resides, they may have more info.

"CHILDREN, K-4 VISA: Unmarried children under 21 years of age of a qualified K-3 visa applicant will be granted a derivative K-4 visa. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the spouses' children seeking K-4 nonimmigrant status, since K-4 is merely a derivative visa."

 

[ozziewench]

In addition to the above post, whilst an I-130 is not a requirement for a child that will obtain the K-4, it can be beneficial to do so earlier rather that later, as an I-130 will be required for the adjustment of status process once the child enters the US on the derivative K-4 visa. Also, if something unforeseen occurs whereby the Immigrant Visa is instead sought by your spouse and not the K-3, there is no derivative visa in that case. The child would be left with no visa option, as once an approved I-130 is at the consulate/embassy, it over-rides the I-129F, taking the K-3/4 out of the equation.