Legal Guardian of Minors while in US?

[Charles C 0]

We have now successfully been granted a K-1 visa for my fiancee and her two daughters have K-2 status as part of the process. They are both under the age of 18 and their birth father is deceased. We have not yet gone to the US, but while researching all of the things we need to do when we get there, I was faced with this question: Am I a "legal guardian" of the minors when they are in the U.S.? I do not plan to adopt them (they are 17 and 15 - soon to be emancipated), but we will need to sign documents in the U.S. where we are to list the legal guardians. What is the process here? School forms, medical forms, and driver's licenses come to mind, and I am sure there will be more forms to sign. Thanks in advance for any enlightenment!

Charles - Ohio / Honduras

[Penguin_ie 5,986]

The visa doesn't confer guardianship status. You being married to their mom might, depending on the state.

[Harsh_77 716]

Someone can correct me if I am wrong, but for schools and stuff it is their biological mother's choice who she appoints as the legal guardian.

I believe on most forms they do have room, where other ppl could be added besided the parents.

[payxibka 10,044]

as a step parent you have certain legal rights but not quite to the level of guardianship

[Gary and Alla 3,694]

We have now successfully been granted a K-1 visa for my fiancee and her two daughters have K-2 status as part of the process. They are both under the age of 18 and their birth father is deceased. We have not yet gone to the US, but while researching all of the things we need to do when we get there, I was faced with this question: Am I a "legal guardian" of the minors when they are in the U.S.? I do not plan to adopt them (they are 17 and 15 - soon to be emancipated), but we will need to sign documents in the U.S. where we are to list the legal guardians. What is the process here? School forms, medical forms, and driver's licenses come to mind, and I am sure there will be more forms to sign. Thanks in advance for any enlightenment!

Charles - Ohio / Honduras

Depends on the state. In the US most states give this status to step-parents automatically on marriage. The K-1 itself is simply a ticket through the door and does not confer anything on anyone except the ability to enter the United States ONE TIME.

Our state, Vermont, does this and I have been very careful to sign ALL documents needed for our sons, this is outstanding evidence for the AOS or removal of conditions. If both of you are acting responsibly as parents, even for children over age 18, that is great evidence you have a legitimate relationship, so make sure your name is ALWAYS included in any school or medical records and that you are listed as a "guardian", "responsible party", "parent" etc. I signed ALL of these things and made a copy of each of them. If you do not already have a copy machine at home...get one.

We used this and had a "no questions asked" AOS interview and NO interview for ROC. A person may be willing to do certain things to pull off a fraud but giving over control of your children is not usually one of them. Slam dunk evidence.

You may wish to consider adoption for another reason. If adopted your children can apply for citizenship right away, they are no longer derivitive of your wife. The oldest child will be too old to get automatic citizenship with your wife by that time and will have to apply herself after 5 years in the US. If you can adopt her before age 18 it will be easier for her to be a citizen. Check with an adoption attorney.