Travel with Visain process and bringing disabled daughter

[Intercasa 0]

Hello all,

I have 2 questions.

1) If a fiancee visa is pending and the fiancee has a tourist visa, will any issues arise if the fiancee travels to the US on the tourist while the fiancee visa is pending?

2) If the fiancee has a disabled child who is 30 years old and unable to care for herself, what is the process to bring that child along with the alien fiancee to the US?

Thank you

[canadian_wife 1,823]

Admittance and duration of stay in the US is up to the CBP at the port of entry. So to answer your question, while it is perfectly legal to visit, you may be turned away if the CBP is having a bad day.

Your daughter is a legal adult right? I don't think she can travel on a K-2 which is for children where the marriage occured while the child was under the age of 18. You can petition for her once you become a resident.

Good luck.

[Gary and Alla 3,694]

Hello all,

I have 2 questions.

1) If a fiancee visa is pending and the fiancee has a tourist visa, will any issues arise if the fiancee travels to the US on the tourist while the fiancee visa is pending?

2) If the fiancee has a disabled child who is 30 years old and unable to care for herself, what is the process to bring that child along with the alien fiancee to the US?

Thank you

1. Yes she can visit, needs to bring solid evidence she will return to her home country.

2. There is no process within the K visa to bring an adult child (over age 21) to the USA. Your fiancee, once she is your wife and has a green card can apply file an I-130 petition for foreign relative and wait many years for a visa number. There may be a way to expedite that due to her medical condition, but I cannot say for sure. At any rate, YOU cannot petition her as she is an adult child and has no relation to you established before her 18th birthday (a requirement for the I-130 process) Only your fiancee (wife) can do this, but not until she is an LPR

[Gary and Alla 3,694]

Admittance and duration of stay in the US is up to the CBP at the port of entry. So to answer your question, while it is perfectly legal to visit, you may be turned away if the CBP is having a bad day.

Your daughter is a legal adult right? I don't think she can travel on a K-2 which is for children where the marriage occured while the child was under the age of 18. You can petition for her once you become a resident.

Good luck.

Correct, except....Children are eligible for K-2s until age 21 regardless of when the marriage occurs (before or after they are 18) The 18 year old "establishiment of relationship" DOES apply to CR-2s though. Any visa requiring the I-130. This is often a consideration in the choice of visas for foreign beneficiaries that have children 18-21 years old.

[Intercasa 0]

It isn't for me but for a friend. I'll let them know about visiting with the tourist visa while the fiancee visa is pending but the more important issue is about bringing the fiancee's 30 year old child with down syndrome who cannot remain behind for much more than days without her caregiver mother.

So would the process be any easier to do a spouse visa instead of the fiancee or would there be the same issue about age? Do they make any exceptions for adults who are unable to care for themselves and are wards of their parents?

Thanks

Edited October 21, 2009 by Intercasa

[Gary and Alla 3,694]

It isn't for me but for a friend. I'll let them know about visiting with the tourist visa while the fiancee visa is pending but the more important issue is about bringing the fiancee's 30 year old child with down syndrome who cannot remain behind for much more than days without her caregiver mother.

So would the process be any easier to do a spouse visa instead of the fiancee or would there be the same issue about age? Do they make any exceptions for adults who are unable to care for themselves and are wards of their parents?

Thanks

The age would still be a factor. In fact, more so with a spouse visa, but the child is well past the age for either anyway. There are no exceptions I am aware of. Though the possibility exists and if someone on this sire knows of one I am sure they will post it.

[Chica Yeyé 41]

The age would still be a factor. In fact, more so with a spouse visa, but the child is well past the age for either anyway. There are no exceptions I am aware of. Though the possibility exists and if someone on this sire knows of one I am sure they will post it.

I don't believe there are exceptions to the age, either. And also, the sad fact that the child has severe disabilities will come up as high potential for becoming a public charge. Another member of VJ -from France- was asking about this yesterday; although in her case, the child is 6 years old or so.

Perhaps the fiancee would want to think about relocating to sunny Mexico