Does your fiance(e) have a child or children?

[Aztec&Taino 144]

Hello fellow VJ members,

This question will be of particular relevance to those of you (petitioners) who have a fiance(e) with a child or children. Are you planning on doing a K2 to follow procedure? If not, what would the other viable ways in which you could bring your fiance(e)'s child(ren) later on?

The reason why I am asking this question is because my fiance has a young child (6 years old) who has lived for most of his life with his mother. The child's mother is now married and has a young baby girl. My fiance only gets to see his child a few days a month since he does not work in his hometown. We both think that the child is still too young and that it would be cruel to separate him from his family at this point. Yet, we would like for him to visit, and, eventually, for him to have the opportunity to come to the USA and pursue his education since this would represent a much better opportunity for his future.

I have been thinking about the process and it does not seem to me that the K2 to follow would be the best option right now since we are not planning for the child to move to the US at this point. When else could we petition for the child? When my husband becomes a Permanent Resident? If so, how long would this take? Would it be better if we wait until my fiance becomes an American citizen? What would be the difference in timelines be of the petition for his son as a permanent resident or as a US citizen? Has anyone faced a similar situation? If so, what did you do?

Thank you for your input.

[Gary and Alla 3,694]

Hello fellow VJ members,

This question will be of particular relevance to those of you (petitioners) who have a fiance(e) with a child or children. Are you planning on doing a K2 to follow procedure? If not, what would the other viable ways in which you could bring your fiance(e)'s child(ren) later on?

The reason why I am asking this question is because my fiance has a young child (6 years old) who has lived for most of his life with his mother. The child's mother is now married and has a young baby girl. My fiance only gets to see his child a few days a month since he does not work in his hometown. We both think that the child is still too young and that it would be cruel to separate him from his family at this point. Yet, we would like for him to visit, and, eventually, for him to have the opportunity to come to the USA and pursue his education since this would represent a much better opportunity for his future.

I have been thinking about the process and it does not seem to me that the K2 to follow would be the best option right now since we are not planning for the child to move to the US at this point. When else could we petition for the child? When my husband becomes a Permanent Resident? If so, how long would this take? Would it be better if we wait until my fiance becomes an American citizen? What would be the difference in timelines be of the petition for his son as a permanent resident or as a US citizen? Has anyone faced a similar situation? If so, what did you do?

Thank you for your input.

List the child on the I-129f. That allows you the option of using the K-2 to follow. The K-2 to follow, which is very easy to do, MUST be done within 1 year of your fiance receiving his visa. If the child comes after that, then you would have to do an I-130 for a CR-2 visa. IF you are married before the child turns 18, you can do a CR-2 visa at any time up to the child becoming age 21 as long as the child does not get married.

We did a K-2 for one of our sons and a K-2 to follow for the other. We even considered the I-130 for the second son if the K-2 had not worked out....but it did, and that is easier.

To qualify for the CR-2 the child MUST be age 18 or LESS when you marry the childs parent. The K-1 is available until the child is age 21. If you have a fiance(e) with an 18 -20 year old child that wants to come then the K-2 is your ONLY option.

[Aztec&Taino 144]

List the child on the I-129f. That allows you the option of using the K-2 to follow. The K-2 to follow, which is very easy to do, MUST be done within 1 year of your fiance receiving his visa. If the child comes after that, then you would have to do an I-130 for a CR-2 visa. IF you are married before the child turns 18, you can do a CR-2 visa at any time up to the child becoming age 21 as long as the child does not get married.

We did a K-2 for one of our sons and a K-2 to follow for the other. We even considered the I-130 for the second son if the K-2 had not worked out....but it did, and that is easier.

To qualify for the CR-2 the child MUST be age 18 or LESS when you marry the childs parent. The K-1 is available until the child is age 21. If you have a fiance(e) with an 18 -20 year old child that wants to come then the K-2 is your ONLY option.

Gary,

Thank you for your prompt response. I did list my fiance's child on the I-129 F petition. Yet, it seems that one year (K2 to follow) would be too soon for the child to permanently move in with us since we are both thinking mostly of visits and vacations, for at least the first few years of our marriage. If we decide to file the I-130 on behalf of the child after we get married (and more than a year after my fiance receives his visa), who would file the paperwork? I, the US citizen, or my husband?

Thank you.

Edited November 23, 2010 by Aztec&Taino

[marriedtomrg 141]

When you petition the boy for an IR-2/CR-2 visa, the sponsoring relative will have to prepare an I-864 for him.

So assuming your husband, down the road, will meet the poverty guidelines for a family of 3 (you, him and the boy), then he may file the I-130. Otherwise, you can file the I-130 as the boy's stepmother (since you and the boy's dad married while the boy was under 18 years old).

Gary,

Thank you for your prompt response. I did list my fiance's child on the I-129 F petition. Yet, it seems that one year (K2 to follow) would be too soon for the child to permanently move in with us since we are both thinking mostly of visits and vacations, for at least the first few years of our marriage. If we decide to file the I-130 on behalf of the child after we get married (and more than a year after my fiance receives his visa), who would file the paperwork? I, the US citizen, or my husband?

Thank you.