Maximum age for child to have derivative status

[BubbaUSA 0]

Hello,

I sent in my I-129F petition last week for my fiancée and her children so she can receive a K-1 and they receive a K-2. The oldest daughter will turn 18 this month. Now I just read the following on the State Department website(just need to refer to the last sentence in caps):

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. THE STEPPARENT/STEPCHILD RELATIONSHIP MUST BE CREATED BEFORE THE CHLD REACHES THE AGE OF 18.

So what does this mean? Can she(the daughter) still have derivative status through the I-129F or do I have to file another form for her to be able to come over with her mother and siblings? I apologize if this information is already posted on this website but I could not find it. I'll appreciate any feedback.

Thanks

[pushbrk 14,560]

Hello,

I sent in my I-129F petition last week for my fiancée and her children so she can receive a K-1 and they receive a K-2. The oldest daughter will turn 18 this month. Now I just read the following on the State Department website(just need to refer to the last sentence in caps):

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. THE STEPPARENT/STEPCHILD RELATIONSHIP MUST BE CREATED BEFORE THE CHLD REACHES THE AGE OF 18.

So what does this mean? Can she(the daughter) still have derivative status through the I-129F or do I have to file another form for her to be able to come over with her mother and siblings? I apologize if this information is already posted on this website but I could not find it. I'll appreciate any feedback.

Thanks

For a K2 visa holder the step-parent relationship need not be established prior to age 18. For K4, CR2 or IR2, it must. For the K2 beneficiary, the US entry, marriage of the parents and adjustment of status must all occur prior to age 21.