Getting Marry

[Whitejuly 0]

Hi:

I am US Citizen by naturalization. In September 2008 I divorced from my ex wife I petitioned for her and she got her permanent residence. Now I am engaged and in the process of getting married. My soon to be wife is from Germany and has a 18 years old son.

I have a few questions that I would appreciate if you can answer:

- Since I emmigrated my previous wife and I divorced her in Sep 2008. Is there is any restriction that can preclude me from marrying, and most importantly petition for my current fiance? If so how long I have to wait until I can marry and petition for my new wife?

- If I petition my new wife, can her 18 years old be included in the petition? Since both my fiance and her son are here in the US, can we do adjustment of status?

-Any risk her son cannot get included in my petition becouse of his age?

Thanks for your responses.

Whitejuly.

Edited April 21, 2010 by Whitejuly

[pushbrk 12,974]

Hi:

I am US Citizen by naturalization. In September 2008 I divorced from my ex wife I petitioned for her and she got her permanent residence. Now I am engaged and in the process of getting married. My soon to be wife is from Germany and has a 18 years old son.

I have a few questions that I would appreciate if you can answer:

- Since I emmigrated my previous wife and I divorced her in Sep 2008. Is there is any restriction that can preclude me from marrying, and most importantly petition for my current fiance? If so how long I have to wait until I can marry and petition for my new wife?

- If I petition my new wife, can her 18 years old be included in the petition? Since both my fiance and her son are here in the US, can we do adjustment of status?

-Any risk her son cannot get included in my petition becouse of his age?

Thanks for your responses.

Whitejuly.

No restrictions on marriage and petition filing. Unfortunately, since the son is already 18 before the marriage occurs, he is not considered your stepson for immigration purposes. The only way to get him here is to take the fiancee visa route. Study the K1 guide and plan on either getting married in the USA or leaving the son behind. Start by clicking on the word, "Guides" at the top of any page here.

[Darnell 8,478]

Yup - the stepson will age out almost immediately, not be eligible based on age, for any I-130 petition.

So - my advice - don't marry. File the I-129F instead for a K-1 visa for her, and a K-2 visa for him.

Good Luck !

[LIFE'SJOURNEY 970]

Hi:

I am US Citizen by naturalization. In September 2008 I divorced from my ex wife I petitioned for her and she got her permanent residence. Now I am engaged and in the process of getting married. My soon to be wife is from Germany and has a 18 years old son.

I have a few questions that I would appreciate if you can answer:

- Since I emmigrated my previous wife and I divorced her in Sep 2008. Is there is any restriction that can preclude me from marrying, and most importantly petition for my current fiance? If so how long I have to wait until I can marry and petition for my new wife?

- If I petition my new wife, can her 18 years old be included in the petition?

Since both my fiance and her son are here in the US, can we do adjustment of status?

-Any risk her son cannot get included in my petition becouse of his age?

Thanks for your responses.

Whitejuly.

Are they both prepared to leave the US, so you can follow the K1 route? If they leave will they have occured any overstays? It seems as if you have left out some crucial facts, therefore I don't think an actual answer can be given for your situation.

[Darnell 8,478]

Since both my fiance and her son are here in the US, can we do adjustment of status? - whoops - missed that, entirely. Don't know how to answer that one, sorry !

[pushbrk 12,974]

Since both my fiance and her son are here in the US, can we do adjustment of status? - whoops - missed that, entirely. Don't know how to answer that one, sorry !

Yes, that was a good catch. It's already too late for the son to adjust status based on your marriage. If your wife entered the US legally and overstayed, she can probably adjust status. Did they both enter legally the last time they entered the USA?

[sachinky 465]

If your fiancee is already in the U.S., you can get married and file for AOS.

No idea about the son.

Best to contact an immigration attorney -- at least, for an initial consult!

Edited April 21, 2010 by sachinky

[Whitejuly 0]

No restrictions on marriage and petition filing. Unfortunately, since the son is already 18 before the marriage occurs, he is not considered your stepson for immigration purposes. The only way to get him here is to take the fiancee visa route. Study the K1 guide and plan on either getting married in the USA or leaving the son behind. Start by clicking on the word, "Guides" at the top of any page here.

Thanks for your response, just to add, my fiance and her son will go back to their country soon and when they do that, they will still be leaving the US within the time they were allowed to be here. I'll be reading the K1 guide. Thanks.

[Whitejuly 0]

Are they both prepared to leave the US, so you can follow the K1 route? If they leave will they have occured any overstays? It seems as if you have left out some crucial facts, therefore I don't think an actual answer can be given for your situation.

Actually they are leaving soon but not for the K1, which we did not know about; they are leaving due their plan was to stay here for a couple of months and then return back to Germany and come back to the states again in the future. That is the reason we thought about getting marry once and for all so they would not have to come and go every two or three months. I guess the K1 will take some time, won'r it? If I start tue K1 process, would they still come to the US? or they will have to wait in Germany until the K1 be approved?

[Whitejuly 0]

Yes, that was a good catch. It's already too late for the son to adjust status based on your marriage. If your wife entered the US legally and overstayed, she can probably adjust status. Did they both enter legally the last time they entered the USA?

Yes, they are still legally in the US and will be leaving soon within the time they were allowed to stay. Since they already can come and go freely, is the K1 still a requirement? or it is just the paperwork I need to file so the son can be entitled to adjustment of status? Thanks for the clarification.

[pushbrk 12,974]

Yes, they are still legally in the US and will be leaving soon within the time they were allowed to stay. Since they already can come and go freely, is the K1 still a requirement? or it is just the paperwork I need to file so the son can be entitled to adjustment of status? Thanks for the clarification.

If they are here legally, then the only way for them to both become permanent residents is to follow the K1/2 visa process. Otherwise the 18 year old will be left high and dry.

[Whitejuly 0]

Yup - the stepson will age out almost immediately, not be eligible based on age, for any I-130 petition.

So - my advice - don't marry. File the I-129F instead for a K-1 visa for her, and a K-2 visa for him.

Good Luck !

I understand that filing I-129 would be to bring my fiance to marry me here; but she is from Germany and has already visa, why she would need a I-129? Thanks for your reply.

[LIFE'SJOURNEY 970]

Your finance only has a visa to visit, she does not have a visa to migrate to the US. You must file a petition to help her obtain a visa to migrate to the US as your finance. That is done by filing the 1-129 petition.

But first you needs to read the guide lines on the K1/Ke petition, so you as the USC can have a clear understanding of the under taking that you about to viture on.

[pushbrk 12,974]

I understand that filing I-129 would be to bring my fiance to marry me here; but she is from Germany and has already visa, why she would need a I-129? Thanks for your reply.

If your decision to marry occurred while she was already here, she can just stay and adjust status. Unfortunately, if you do that, her 18 year old son has no path to US immigration through YOU. He would need to leave and maybe come back a few years later when a visa is available to him based on his mother's LPR status. If you want both of them to become legal US residents the only path available to you is K1 and K2. For your stepson to become a resident, he needs and approved I-130 petition but YOU cannot file it in his behalf BECAUSE he's already 18.

I THOUGHT I made this clear twice already. Is it clear now?

Edited April 22, 2010 by pushbrk

[Darnell 8,478]

I understand that filing I-129 would be to bring my fiance to marry me here; but she is from Germany and has already visa, why she would need a I-129? Thanks for your reply.

The I-129F petition, that a USC files for foreign fiance, will eventually result in a K-1 visa for yer lass, and a K-2 visa for her son. If you wanted yer lass and her son to live with you in USA forever, and have legal status, then you would need to file an I-129F.

Don't confuse this with the I-129, that's a different thing, altogether.

We've some guides here on this portal, you might want to read them in the next 48 hours, and then have her sign whatever forms she needs and HE needs, prior to them jumping back to Germany.

Heck, even with them here, you can file the I-129F today , with final adjudication at the US Embassy in Germany.

Good Luck, however it turns out.

Edited April 22, 2010 by Darnell