Child of K1 Fiancee

[Mark T 0]

Hi all...I need some information and was wondering if anyone could point me in the right direction. I am filling out the I-129F and G-325A forms for my fiancee. She has a soon to be 20 year old son and we were wondering what is the best way for him to come and live with us in the US. I am a bit confused when I read about the K2 Visa's. They seem only to be good for 90 days, but I'm not sure if I'm reading the info correctly. I did speak to someone about if he stayed where he lives now and finished college but this will take him to 21 and the advisor stated that at that point, my fiancee would be the only one who could apply for him to come and live in the US, and that would be after we are married and she is a US citizen (after a 3 year wait). Does anybody have any info to help us?? We appreciate any help...

[JimVaPhuong 4,865]

Hi all...I need some information and was wondering if anyone could point me in the right direction. I am filling out the I-129F and G-325A forms for my fiancee. She has a soon to be 20 year old son and we were wondering what is the best way for him to come and live with us in the US. I am a bit confused when I read about the K2 Visa's. They seem only to be good for 90 days, but I'm not sure if I'm reading the info correctly. I did speak to someone about if he stayed where he lives now and finished college but this will take him to 21 and the advisor stated that at that point, my fiancee would be the only one who could apply for him to come and live in the US, and that would be after we are married and she is a US citizen (after a 3 year wait). Does anybody have any info to help us?? We appreciate any help...

The only thing you need to do now is make sure her son is listed on the I-129F. This will make it possible for him to apply for a K2 visa later.

The K1 visa is valid for 6 months after it's issued. Once she enters the US then the K1 is canceled, and she'll have an I-94 in her passport that's valid for 90 days. You have to get married within that 90 day window in order for her to be eligible to apply for a green card.

Her son doesn't have to apply for a K2 at the same time she applies for a K1. If he intends to apply later then it would be helpful if she indicated this on the DS-156K form she'll be submitting at the consulate (there are check boxes for "Will accompany you" or "Will follow you"). He can apply for a K2 up to one year after she gets her K1.

Here's the kicker. He is eligible for K2 until he is 21 years old. However, he must ALSO submit his green card application before he is 21 years old, after arriving in the US. If you're just now submitting the I-129F, then you may be very close to the cutoff date by the time your fiancee gets her visa. Once he is 21 then he is no longer eligible as a derivative of the K1. If he wants to come on a K2, then it would probably be best if he got his visa at the same time she gets hers.

Your "adviser" was not precisely correct. Even if he isn't eligible for a K2, she can still petition for him as the unmarried adult son of a legal permanent resident. The visa category is F2B, and would currently take about 8 years (except for Mexico and Philippines). She can upgrade the petition to F1 when she get's her citizenship, which will knock a couple of years off the wait time.

Unfortunately, the K2 is the only opportunity YOU have of sponsoring him. Any other type of family based visa with you as the petitioner would require the parent/step-child relationship to have been established before her son was 18.

[pushbrk 14,556]

Hi all...I need some information and was wondering if anyone could point me in the right direction. I am filling out the I-129F and G-325A forms for my fiancee. She has a soon to be 20 year old son and we were wondering what is the best way for him to come and live with us in the US. I am a bit confused when I read about the K2 Visa's. They seem only to be good for 90 days, but I'm not sure if I'm reading the info correctly. I did speak to someone about if he stayed where he lives now and finished college but this will take him to 21 and the advisor stated that at that point, my fiancee would be the only one who could apply for him to come and live in the US, and that would be after we are married and she is a US citizen (after a 3 year wait). Does anybody have any info to help us?? We appreciate any help...

In short, listing his name as her child on the I-129F will give him the opportunity to apply for a K2 visa at the same time his mother applies for her K1. Both visas are good for only 90 days and neither allows for "living in" the USA. After your marriage, they both apply to adjust status to permanent resident.

Here's an outline of the whole process including getting them here, keeping them here and keeping them here longer.

The K1 visa enables US Citizens to bring their foreign fiance(e)s to the USA in order accomplish a legal marriage in the USA followed by adjustment of Status to Legal Permanent Status. ( Green Card) The K2 visa allows unmarried children (under age 21) of the fiance(e) to move to the US as well.

K1 and K2 Visa Process Outline:

The K1 visa itself is only a single step in a procedure for obtaining permanent residency (a green card) based on a marriage to a US Citizen after entry. The steps involved in immigrating to the US via a K1 visa can be generally described as follows:

The US Citizen files the I-129F petition for the foreign fiance(e) with the USCIS. The I-129F is filed at a USCIS Service Center in the US (where you file depends on where you live). The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months.

After the I-129F has been approved, the petition is sent to the Department of State's National Visa Center (NVC) where it is processed and forwarded to the correct Embassy or Consulate. The process of sending the approved I-129F from the Service Center (through the NVC) and arriving at the embassy takes about a month. The fiance(e) has 4 months from the time the I-129F was approved at the Service Center to obtain the K1 Visa at the US Consulate in the foreign country. This time period can be extended by a consular officer if required. The visa application process is generally similar in all countries, although each Consulate will vary a bit in their requirements.

Once you have the K1 Visa it is good for only one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1, but a K2 Visa holder may not enter the U.S. prior to the K1.

Once in the United States, you have 90 days to get married.

Immediately after marriage, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. You may also apply for an Employment Authorization Document (EAD) to work (required until your I-485 is approved) and "advance parole" in case you want to travel outside the United States and re-enter before getting your green card (I-485 approval).

If your I-485 is approved prior to two years after you were married you will be issued a "Conditional" Permanent Resident status (green card) which is valid for only two years. If you are interviewed and approved greater than two years after you were married you will get a full normal Permanent Residency with no conditions valid for ten years. The time it takes to approve an I-485 depends on where you live and the nearest local USCIS office's processing timeline.

If you were given a "conditional permanent residency", 21 to 24 months from the date you were granted this status, you will have to apply to have the "Conditional" status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.

In three to five years, depending on circumstances, you can apply to become a US citizen (naturalization).

[Mark T 0]

The only thing you need to do now is make sure her son is listed on the I-129F. This will make it possible for him to apply for a K2 visa later.

The K1 visa is valid for 6 months after it's issued. Once she enters the US then the K1 is canceled, and she'll have an I-94 in her passport that's valid for 90 days. You have to get married within that 90 day window in order for her to be eligible to apply for a green card.

Her son doesn't have to apply for a K2 at the same time she applies for a K1. If he intends to apply later then it would be helpful if she indicated this on the DS-156K form she'll be submitting at the consulate (there are check boxes for "Will accompany you" or "Will follow you"). He can apply for a K2 up to one year after she gets her K1.

Here's the kicker. He is eligible for K2 until he is 21 years old. However, he must ALSO submit his green card application before he is 21 years old, after arriving in the US. If you're just now submitting the I-129F, then you may be very close to the cutoff date by the time your fiancee gets her visa. Once he is 21 then he is no longer eligible as a derivative of the K1. If he wants to come on a K2, then it would probably be best if he got his visa at the same time she gets hers.

Your "adviser" was not precisely correct. Even if he isn't eligible for a K2, she can still petition for him as the unmarried adult son of a legal permanent resident. The visa category is F2B, and would currently take about 8 years (except for Mexico and Philippines). She can upgrade the petition to F1 when she get's her citizenship, which will knock a couple of years off the wait time.

Unfortunately, the K2 is the only opportunity YOU have of sponsoring him. Any other type of family based visa with you as the petitioner would require the parent/step-child relationship to have been established before her son was 18.

[Mark T 0]

Thanks....Because of his age, it does sound like he should apply for a K2 Visa now. Do I have to fill out Form I-864 for that, or is there something else to be done at this time and are they submitted with the I-129 and G-325A forms??? I do appreciate everyone's input!!!