Children over 18 on K1 visa

[Conchale Vale 5]

Hello new to this site but have a urgent question. I was planning to start he K1 visa process to bring my fiancee from Venezuela and her daughter is 17. She turns 18 in 3 months. Obviously her visa would not be approved and we will not be able to get married before her daughter turns 18. Can I actually sponser her daughter using a K1 if we are not married before she turns 18? Or would her mother need to be the one to sponser her..that would cause a problem because her mother would not be a permanent resident until 2 years has passed on a K1? Or is my only option to get married in Venezuela before the daughter turns 18 and then bring them both on a K3 because I was a stpfather before the girl truned 18? Need to know soon as will need to get married quickly in Vnezuela idf this is the only option. Thanks in advance for the advice.

[payxibka 10,048]

AFAIK, as a K-2 she can adjust as long as she has not attained the age of 21. If adjustment has not occured by 21 then you could not petition an I-130 for her but her mother would because the step child relationship did not occur in time.

Edited September 30, 2008 by payxibka

[pushbrk 13,627]

AFAIK, as a K-2 she can adjust as long as she has not attained the age of 21. If adjustment has not occured by 21 then you could not petition an I-130 for her but her mother would because the step child relationship did not occur in time.

The age 18 complication doesn't apply to the K1. It applies to spouse visas. She'll need to remain single and complete the K2 visa and status adjustment processes before her 21st birthday.

Edited September 30, 2008 by pushbrk

[YuAndDan 153]

AFAIK, as a K-2 she can adjust as long as she has not attained the age of 21. If adjustment has not occured by 21 then you could not petition an I-130 for her but her mother would because the step child relationship did not occur in time.

Correct, a K-2 can and will be issued up to age 20 or so.

What you are thinking is step-parent filing an I-130 for a step son or daughter, this is not the case for K-1/K-2 K-2 can adjust status directly from their K-2 without requiring I-130.