I have searched the first 16 pages of this forum and I could see any post answering my question.
I would like to have a little help here guys please !

So I am k-3 holder but my visa is not activated yet, we still living in Brasil as my American husband still working here ( he has been living here for more than a year, we got married here and he has his residency papers just perfect )

We are getting ready to move to US next May, We would love to apply for my 19 years old son.
We were told we could not apply since he was 3 months older than 18 when we got married. Is that true ?

Is he eligible? How can I apply to take him with us? Do I need a lawyer?

Could you guys please give some link from posts or official pages?


Thank you very much

Do not have the link or even know how to post it. Once the child reaches the age of 18 the USC can not apply for that child if the marriage takes place after the child turns 18. I had the same problem, my oldest step son turned 18 1 month before I married his dad. His dad had to wait for his green card to apply for this particulr son, and not the son has to wait over 5 years where as his brothers will be here at the end on the month. It stated this clearly on the I-130 instrcutions
Who may not not file this form I-130
3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Thank you very much for your reply !

So If I understood I just can apply after get the green card and then We have to wait for 5 years, is that correct ?
He is gonna be 24 years !
Is it legal to try to get him a student visa so he can stay with me maybe 6 months a year while we are running the process ?
I am sorry but i still confused.


Once more thank you !

You can try for the Visa but it will be hard to show any kind of ties, not sure on the Student visa, we are trying for a tourist visa but have yet to get the appointment. All you can do is try. There is also the Child Aging Out? CSPA may help, this is pinned in the Bringing relatives of permanet residents. It is a little confusing but it may apply in this case. Good Luck

Why the son did not get K4 visa?!

I thought the age limit was 21, but I could be wrong.

On the F sie obviously he would need to be able to obtain admittance, have sufficient funds, not cheap, and show ties to his ome country, its a non immigarnt visa.

Not sure what reference to a Visitors Visa is to include, fine for visiting, not living here.

I also think the age limit for K4 is 21. Maybe she can check and initiate follow-to join?! However, they would have to make sure that the son adjusts status in USA before turning 21.

Husband can't file I-130 for her son as his step-son (because >18 when marriage took place).

That is what i thought a K-4 Visa would be fine BUT We were told that since he was 18 and 3 months when we got married the entire process can take at about 5 years.
To be honest I am lost at this point !

I need more information ! I could NOT understand this aging topic pinned here !

Is there someone else that can clarefy all this thing step by step ?

Thank you very much !

Did you apply for a K4?

The foreign spouse's unmarried children under the age of twenty-one can be included in the parent's petition and receive K4 visas with the same privileges as the parent's K3 visa. However, if a child is 18 years of age or older at the time of marriage then, although the child can receive a K4 visa and enter the U.S., that child cannot obtain a green card and become a U.S. immigrant. The child's K4 visa will simply expire after two years or when the child reaches the age of 21, whichever occurs first.

http://www.catherinemayco.com/fiancee

K2 children under the age of 21 can adjust status, but K4 children under the age of 21 can only adjust status if they were not 18 or older at the time of marriage.

Can I petition for his/her children to come to United States?
If children are over the age of 18, an overseas marriage to a child’s parent will deny that child the ability to obtain a green card. It is possible for the child to obtain a K4 visa, but child will not be able to obtain a green card as a dependent of the mother. The basis for the child’s green card would be the step parent relationship of the American Citizen, but that relationship must be established through marriage before the child’s 18th birthday.

When the mother enters the US on a K1 fiancée visa it is possible for the unmarried child under 21 years of age to obtain a K2 visa and later a green card.

http://www.fianceevisapros.com/visafaq.asp

Perhaps the next time someone asks which visa is better, the ages of the beneficiaries children should be taken into account.

That makes sense, but a K4 could work as an interim, sounds better than a F1. And then a F1 could work after 21.

supernova1, maybe you can post your question under "K3" section... somebody may have been in similar situation.

This is correct. You can contact the Consulate and arrange for the son to follow to join our just get a K4 visa ASAP and come to the USA with you. However, the problem comes with adjusting status. He would have until age 21 or two years (I'm not sure whether its whichever comes first or comes last) to find another way to remain in the USA or go home.

A couple ways are to arrange a student visa or marry a USC.

Otherwise, he becomes the child of an LPR and immigrates that way. That takes a long time. He could, of course, do both.

Hi pushbrk

unfortunately it is not gonna be possible as we are ready to leave in a few weeks.

Do you know who should apply for his K-4 , my husband or me ?


Thank you !

PS.. thank you guys for all the replies !

Neither. The visa applicant is your son. You contact the Consulate and tell them your son wants to follow to join. Even if he wasn't listed on the I-129F, this should work. His visa must be issued within a year of when yours was. K4 is a derivative visa that uses your approved I-129F.

Again, he can come on the visa but cannot adjust status based on your marriage because he cannot get an approved I-130.

Hi guys !

I got more information about my son.

Actually I have 3 pieces of information

1 - From Department of State saying that my son can have a DCF as my husband has Brazilian residency.

2- From a lawyer saying that he is not elegible since he was 18 and 3 months when we got married.

3 - From a different lawyer saying that he is eligible for both CR1 or DCF

Who should I believe now ?

I am going to try and call to the Consulate tomorrow and find out which information is most reliable.

We do not want to apply for a K-4 since it is going to expire in less than a year in his case.