Hi everyone. My fiance just got his visa in the post this past week. He hasn't even got here as yet. Wedding is tentatively set for February 16th, 2008.

I am a mother to a 10 year old and a 7 year old. My fiance has an 18 year old son (he will be 19 in January). (I'm 31 and my fiance is 42) His son has been in college in the UK, and wants to come over to find work here in the states. I know since he is unmarried, and under the age of 21, it would be a bit quicker of a process...but could someone please explain to me....or tell me where to start?? I told my fiance, I don't mind being a friend..I don't expect him to call me "mummy" or anything like that...but I do expect respect...especially in my own home. Any comments, suggestions, and help would be appreciated Thanks!

OOPs

Plan 2!
Stepchild
A parent may petition for their stepchildren provided the sponsor marries the stepchild’s parent before the unmarried stepchild turns 18.

Better get married quick!
Then file the I-130.
Normally takes about + or - 1 year.

That says before he turns 18...he is already 18 though ....will be 19 in January. I didn't know what the stipulations were for an adult child under the age of 21.

Oops! sorry I missed that.
Best if you can find a way to add your stepchild to the K1 right NOW.
I don't know what the chance is tho.
May be to late.

Your fiancé's son was listed on the I-129F, I presume?

Yes, we listed him on the I-129F....but we did state at that time that he would not be coming over with his dad. He lives with his mother and is presently attending college in the UK. He was inquiring about moving over in the near future to find work. He has been in college since he was 16 for computers and pc programming, so I know he could get a job easily.

I'm not quite clear on *when* he actually wants to come to the US by your posts. Does he want to come now, or later? "Near future" is a bit vague.

He has a year from when the K-1 is granted to have a K-2 issued; once it's issued he has 6 months to enter the US. Since the K-1 has been granted, when he is ready to obtain the K-2 it's my understanding he just needs to contact the Embassy and arrange the K-2 "interview" (once all other documents required are in order). Then, once he's here in the US, AOS would be submitted just as it is for the K-1 after marriage.

A word of warning though...if he isn't considering coming over soon he risks being denied adjustment if the AOS is not adjudicated and green card granted by the time he turns 21 if the AOS is based on a K-2. If he waits until the time for a K-2 issuance has expired or he's 21 then your LPR husband would have to submit a petition for him, and that takes a while (and would need to remain unmarried or I think it takes even longer...you would have to view the Visa Bulletin for those specifics). Since you weren't married before he turned 18 you wouldn't be able to submit the petition as his USC step-parent so if he doesn't utilize the K-2, and soon, he could be in for a long wait.

Hope that helps,
PJ