question about children of fiancee...when to come

[Gary and Alla 3,696]

Hello All:

I am hoping you can help us make a decision. My Fiancee's son is atending a prestigious university in Moscow. We cannot hope for him to receie this kind of education inthe USA for the amount it costs in Moscow (less than $3000 per year including room & board). He would like to come to the USA after he finishes his education (he speaks excellent English). I would like to hear from anyone with a similar experience or situation. I have studied the USCIS immigration rules but still have questions. Here are our thoughts...

Allow him to stay in Russia and complete his education. By the time he finishes he will be over 21 years old but my (then) wife could apply for an IR immigration visa. Yes? Are these routinely approved for children over age 21 if other qualifications are met?

Have him come with her, or within 1 year, under the K-1 visa (he has up to one year to come here on this visa, correct?). He could then apply for his change of status and receive a conditional permanent residency, correct? At this time he could return to Moscow to attend school (he would still be eligible as a Ukraine citizen) and then he could return to the USA for school holidays, work in the summer, etc. Is that correct? We understand if he does this he may miss a semester of his education, but it may be better in the long run.

Am I mis-reading anything? Are there flaws in our thoughts? What have any of you experienced? We very much want him to get this good education but want him to be able to travel here. I understand that when he receives his permanent residence status he can travel in and out of the country (USA) is that correct? Would we be able to do this?

I appreciate all the help everyone has been here, I hope you can give me some advice. Thanks in advance.

Gary & Alla

[pushbrk 14,092]

Hello All:

I am hoping you can help us make a decision. My Fiancee's son is atending a prestigious university in Moscow. We cannot hope for him to receie this kind of education inthe USA for the amount it costs in Moscow (less than $3000 per year including room & board). He would like to come to the USA after he finishes his education (he speaks excellent English). I would like to hear from anyone with a similar experience or situation. I have studied the USCIS immigration rules but still have questions. Here are our thoughts...

Allow him to stay in Russia and complete his education. By the time he finishes he will be over 21 years old but my (then) wife could apply for an IR immigration visa. Yes? Are these routinely approved for children over age 21 if other qualifications are met?

Have him come with her, or within 1 year, under the K-1 visa (he has up to one year to come here on this visa, correct?). He could then apply for his change of status and receive a conditional permanent residency, correct? At this time he could return to Moscow to attend school (he would still be eligible as a Ukraine citizen) and then he could return to the USA for school holidays, work in the summer, etc. Is that correct? We understand if he does this he may miss a semester of his education, but it may be better in the long run.

Am I mis-reading anything? Are there flaws in our thoughts? What have any of you experienced? We very much want him to get this good education but want him to be able to travel here. I understand that when he receives his permanent residence status he can travel in and out of the country (USA) is that correct? Would we be able to do this?

I appreciate all the help everyone has been here, I hope you can give me some advice. Thanks in advance.

Gary & Alla

Sure, she can petition for him and he'll probably get approved but he'll have to wait for a visa to become available. Check the timelines on that with USCIS but be prepared to count years.

A spouse, fiance(e) or children have immediate priority dates. Adult offspring do not.

Edited April 2, 2008 by pushbrk