K-1 with college kids

[Don45251 0]

Hello all,

My Fiance has been approved and will be traveling to the US later this month. We intend to marry shortly after. She has 3 kids 2 of which are in college (18 and 19) all of which were included in the I-129 request. I would like to submit the change of status for all 3 kids and my fiance at the same time however they intent to finish college before moving to the US.

Other than waiting and filing for a different visa after graduation do we have any options? Can we change their status without them physically being here? It would be a shame for them to drop out of school mid program.

Thank you

Don

[MASH 172]

They can still visit while the k1 visa is in process (all depends on the security guard in the border if they want to pass you or not ) and if she already got approved she has 6 months to get into the country or she won't be able to come to the states on k1 visa

[aleful 1,905]

hi

how long will it take? they have 1 year to travel and they have to enter the country before they are 21

[Don45251 0]

Hi Aleful,

2-3 years to finish school. Of course they could take 6-12 month off and return after the change of status has gone thru. But I didn't want them to have to put off their degree if we don't need to. At the same time, I am told that waiting until after will be too late to travel (more than 1 year) and to refile for immigrant visa could take several years.

Any advice?

[cristina16 81]

Hello all,

My Fiance has been approved and will be traveling to the US later this month. We intend to marry shortly after. She has 3 kids 2 of which are in college (18 and 19) all of which were included in the I-129 request. I would like to submit the change of status for all 3 kids and my fiance at the same time however they intent to finish college before moving to the US. - the kids should all have entered US on K2, you have married before you can process AOS for them.

Other than waiting and filing for a different visa after graduation do we have any options? Can we change their status without them physically being here? - NO ould be a shame for them to drop out of school mid program. - filing for an F2A or F2B (depending on age when your wife's LPR status) wait time can be several years specially if they are over 21 years old. You can only petition her kids as your step children if the marriage took place before their 18th bday. In this case, the 2 will not fall into the stepchild category. Their mom needs to petition them.

I also have a 19 year old and she is on her 3rd year now on her Engineering course. With all her hard work, I myself cannot make the decision for her to stay in the US with us. With discussions with her and my fiancee, we agreed that she will POE with me and her sister, 16 years old now and she will come back to finish her degree and get her license here after she get's her green card. We will file for a clearance for her to come back and study so as not to be declared that she abandoned her LPR status.

[aleful 1,905]

hi

have them come now, they can always study later in life,

because you won't be able to petition for them later, to file for them as a stepfather, in the category F1, the marriage has to take place before your stepchildren turn 18, which is too late now since they already are 18 and 19

if they decide not to come now and finish college, in that case their mom will have to file for them and it could take a very long time, what country are they from

they have the benefit of being under the k1 visa as K2s, it will depend on how much they want to live here

if they don't take advantage of what they have now, later in life will be too late and they might have to wait for a very long time depending when their mother files for them and if they turn 21 or not

Edited December 2, 2015 by aleful

[baron555 934]

They must be physically present in the US to change their status.

[Mike-eeh and Odie 192]

It's best they go now and finish college later. They only have 1 year to travel. If you wait to petition them later and they age out, it could take several years... like up to 10 before they could come over.

[aleful 1,905]

It's best they go now and finish college later. They only have 1 year to travel. If you wait to petition them later and they age out, it could take several years... like up to 10 before they could come over.

hi

the only way he can petition them at this age is through K2 for the older children

for an F1 petition, he has to marry their mother before they turn 18, it is too late for that, he cannot file for them later through a different type of petition