Fiance's kids

[AMT7565 5]

I have a South Asian fiance and I want to bring her to the US to marry.

She has 2 kids- a boy and a girl. She wants to initially bring her 9 year old daughter only to live in the US.

Her son is 16 and would remain with his dad until he turns 18. After that he may want to come to the US or remain at his home.

When I apply for the fiance KI visa, i understand that I would need to apply for her 9 year old daughter, so that she can come with my Fiance.

As for her Son, should I apply for a visa for him as well, so that he will be able to secure a visa before he turns 18? After he turns 18, it would not be easy getting a visa, as I understand?

What is the best approach I can take.

Thank you for any advise.

Much appreciated.

AMT

[JimVaPhuong 4,863]

I have a South Asian fiance and I want to bring her to the US to marry.

She has 2 kids- a boy and a girl. She wants to initially bring her 9 year old daughter only to live in the US.

Her son is 16 and would remain with his dad until he turns 18. After that he may want to come to the US or remain at his home.

When I apply for the fiance KI visa, i understand that I would need to apply for her 9 year old daughter, so that she can come with my Fiance.

As for her Son, should I apply for a visa for him as well, so that he will be able to secure a visa before he turns 18? After he turns 18, it would not be easy getting a visa, as I understand?

What is the best approach I can take.

Thank you for any advise.

Much appreciated.

AMT

List ALL of her kids on the I-129F, regardless of whether or not they will be immigrating. You don't submit any separate petitions for the kids, at least not now. They become eligible as derivatives of the petition you file for your fiancee.

Once the petition is approved then your fiancee will receive a packet from the consulate inviting her to submit a visa application. At that time either, both, or neither of her kids could also submit visa applications. Their eligibility to apply for a visa is based on the same petition that made your fiancee eligible to apply for a visa. Pay close attention to the instructions from the consulate. The forms required for the kids is usually similar but not identical to the ones required of the primary applicant.

A child can get a derivative visa at the same time as the primary applicant, or within one year after. This means that one year after your fiancee gets her K1 visa then the window of opportunity to get a K2 visa for either kid closes. If her son isn't ready to apply for a visa before that time then he won't be able to get a K2 visa.

Kids are eligible for K2 visas within that one year window as long as they enter the United States before they're 21. My step-son was 19 when his K2 visa was issued. This is one of the unique benefits of a K1 compared to a CR1/IR1 spousal visa.

Now, if you marry your fiancee before her son is 18 years old then you will be eligible to submit a petition for him as your step-son. As long as you get the petition submitted to USCIS before he's 21 then he'll be able to get a visa as an immediate relative of yours - an IR2 visa. The total time between submitting the petition and getting the visa is between 8 and 12 months, on average. If you wait until after he's 21 to submit the petition then he'll no longer be eligible in an immediate relative category, and he'll be eligible instead for a family preference F1 visa. The downside of family preference visas is that there are annual numerical limits, which means he'll have to wait in line until his turn comes up for a visa number. The wait for an F1 visa is currently about 7 years, so it would be wise to get his petition submitted before he's 21.

If you marry your fiancee after her son is 18 then you won't be eligible to submit any sort of petition for him. Your wife will be able to submit a petition for him after she gets her green card, but it will be a family preference visa category - F2A if he's under 21 when a visa number becomes available, or F2B otherwise.

[Gary and Alla 3,694]

List ALL of her kids on the I-129F, regardless of whether or not they will be immigrating. You don't submit any separate petitions for the kids, at least not now. They become eligible as derivatives of the petition you file for your fiancee.

Once the petition is approved then your fiancee will receive a packet from the consulate inviting her to submit a visa application. At that time either, both, or neither of her kids could also submit visa applications. Their eligibility to apply for a visa is based on the same petition that made your fiancee eligible to apply for a visa. Pay close attention to the instructions from the consulate. The forms required for the kids is usually similar but not identical to the ones required of the primary applicant.

A child can get a derivative visa at the same time as the primary applicant, or within one year after. This means that one year after your fiancee gets her K1 visa then the window of opportunity to get a K2 visa for either kid closes. If her son isn't ready to apply for a visa before that time then he won't be able to get a K2 visa.

Kids are eligible for K2 visas within that one year window as long as they enter the United States before they're 21. My step-son was 19 when his K2 visa was issued. This is one of the unique benefits of a K1 compared to a CR1/IR1 spousal visa.

Now, if you marry your fiancee before her son is 18 years old then you will be eligible to submit a petition for him as your step-son. As long as you get the petition submitted to USCIS before he's 21 then he'll be able to get a visa as an immediate relative of yours - an IR2 visa. The total time between submitting the petition and getting the visa is between 8 and 12 months, on average. If you wait until after he's 21 to submit the petition then he'll no longer be eligible in an immediate relative category, and he'll be eligible instead for a family preference F1 visa. The downside of family preference visas is that there are annual numerical limits, which means he'll have to wait in line until his turn comes up for a visa number. The wait for an F1 visa is currently about 7 years, so it would be wise to get his petition submitted before he's 21.

If you marry your fiancee after her son is 18 then you won't be eligible to submit any sort of petition for him. Your wife will be able to submit a petition for him after she gets her green card, but it will be a family preference visa category - F2A if he's under 21 when a visa number becomes available, or F2B otherwise.

A K-2 to follow will be the easiest if you can do so. Otherwise get married before he turns 18 to maximize your options.

[Grant PDX 183]

One slight addition. The OP said south asia. If his beneficiary is from the Philippines, the family preference visa is a 20 year wait. I don't know whether it applies as I don't know which country, but wanted to point it out in case it does. Bottom line, I would try to do the K-2 or the CR/IR-1 process.

Best of luck.

[payxibka 10,047]

One slight addition. The OP said south asia. If his beneficiary is from the Philippines, the family preference visa is a 20 year wait. I don't know whether it applies as I don't know which country, but wanted to point it out in case it does. Bottom line, I would try to do the K-2 or the CR/IR-1 process.

Best of luck.

That would apply to non immediate family (brothers sisters and sons & daughters over 21). Does not apply to mothers/fathers and children under 21.

[aaron2020 11,651]

One slight addition. The OP said south asia. If his beneficiary is from the Philippines, the family preference visa is a 20 year wait. I don't know whether it applies as I don't know which country, but wanted to point it out in case it does. Bottom line, I would try to do the K-2 or the CR/IR-1 process.

Best of luck.

Not all family preference cases from the Philippines takes 20 years. (All years are for the Philippines based on the April 2012 Visa Bulletin).

F1 family preference (US citizen petitioning unmarried child over 21): waited 15 years.

F2a family preference (LPR petitioning a spouse or unmarried child under 21): waited 3 years.

F2b family preference (LPR petitioning an unmarried child over 21): waited 11 years.

F3 family preference (US citizen petitioning a married child): waited 20 years.

F4 family preference (US citizen petitioning a sibling): waited 23 years.

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In addition, as long as the US citizen stepparent marries the mother before the stepchild's 18th birthday, the US citizen can petition for his stepchild. If he files before the child's 21st birthday, then it would be an Immediate Relative case that takes 6-12 months for an immigration visa.

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I also disagree with your "ottom line, I would try to do the K-2 or the CR/IR-1 process."

While it make sense to apply for a K-2 for the 9 years old to accompany mom, it does not make sense to do so for the 16 years old who is staying behind with his biological dad. As a K-2, the son would be "stuck" in the US for 2-3 months before he could get Advance Parole to leave the US and he must reside in the US to maintain his LPR status; this means he must immigrate now. That's not in line with what the OP wants.

In addition, a CR-1/IR-1 does not allow for derivative beneficiaries. Also, the US citizen would have to go to China to get marry first before he could file a CR-1 for his wife. This provides no immigration benefits to the children.

The best route that meets the OP's goal of having the 16 years old remain with his dad until he turns 18 is for the US citizen stepfather to file an I-130 to seek an CR-2/IR-2 for the son.

[AMT7565 5]

Thank you all for your kind responses.

I will be writing back after I have fully understood reading your advise.

Thanks again.

[aaron2020 11,651]

Here are the choices for your stepson based on your goal of him remaining with his father for at least another two years.

K2:

Must be issued within 1 year of the K1. Visa valid for 6 months. This process can only be dragged out for 1.5 years before the son loses the opportunity to go this route. This doesn't meet your goal of him immigrating to the US in 2 more years.

Furthermore, as a K2, you will need to file and pay for his Adjustment of Status. He will get a conditional green card because his mother will not be married to you for two years at this point. Two years later you will then need to file and pay to remove the conditions on his green card.

CR-1/IR-1:

File I-130 about one year before son wants to immigrate to the US. Son gets immigration visa in a year if the petition is filed before his 21st birthday (US citizen stepparent filing for stepchild under age 21 as Immediate Relative.

If he immigrates here before the 2nd anniversary of your marriage on an CR-1 visa, he gets a conditional green card. You will need to file and pay to remove the conditions on his green card.

If he immigrates here after the 2nd anniversary of your marriage on a CR-1 visa or IR-1 visa, he gets a regular 10 years green card.

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The IR-1 is the best route for your stepson. It meets your goal of him immigrating in 2 years. It is also the one with the least amount of steps. It is also the cheapest route.

[AMT7565 5]

Here are the choices for your stepson based on your goal of him remaining with his father for at least another two years.

K2:

Must be issued within 1 year of the K1. Visa valid for 6 months. This process can only be dragged out for 1.5 years before the son loses the opportunity to go this route. This doesn't meet your goal of him immigrating to the US in 2 more years.

Furthermore, as a K2, you will need to file and pay for his Adjustment of Status. He will get a conditional green card because his mother will not be married to you for two years at this point. Two years later you will then need to file and pay to remove the conditions on his green card.

CR-1/IR-1:

File I-130 about one year before son wants to immigrate to the US. Son gets immigration visa in a year if the petition is filed before his 21st birthday (US citizen stepparent filing for stepchild under age 21 as Immediate Relative.

If he immigrates here before the 2nd anniversary of your marriage on an CR-1 visa, he gets a conditional green card. You will need to file and pay to remove the conditions on his green card.

If he immigrates here after the 2nd anniversary of your marriage on a CR-1 visa or IR-1 visa, he gets a regular 10 years green card.

------------

The IR-1 is the best route for your stepson. It meets your goal of him immigrating in 2 years. It is also the one with the least amount of steps. It is also the cheapest route.

Thank you all for your kind responses.

Aaron- thanks for directing me to the most appropriate choice.

If I may seek more guidance, as my situation seems a little more complicated?

My Fiance is from Sri Lanka. She was married to someone in India, so her kids are both India citizens with privileges to live in Sri Lanka under some special visa provisions. The fact remains that the kids are India citizens, while their mom is Sri Lankan.

Does this change things in my case?

Thanks.

[L+T 71]

Thank you all for your kind responses.

Aaron- thanks for directing me to the most appropriate choice.

If I may seek more guidance, as my situation seems a little more complicated?

My Fiance is from Sri Lanka. She was married to someone in India, so her kids are both India citizens with privileges to live in Sri Lanka under some special visa provisions. The fact remains that the kids are India citizens, while their mom is Sri Lankan.

Does this change things in my case?

Thanks.

Does she have permission to move the children to another country? Documentation is required.

[AMT7565 5]

Does she have permission to move the children to another country? Documentation is required.

Yes, indeed. She is getting an affidavit from her ex, stating that he has no issues in the kids moving out.

Thank you.