age qualification

[elvie and tim 0]

hi Visa journey,

My fiance and I been on for more than 6 years and we are planning to get married here in my country so we can file a spouse visa instead of K! visa but we are trying to consider the age of my 2 children who is now 19,1nd 18 years old can I stil bring them with me in the US?

[LIFE'SJOURNEY 970]

What is your legal status in the US?

Are you their birth father?

If you are a USC, how long have you been a citizen?

Edited October 6, 2012 by LIFE'SJOURNEY

[Pinkrlion 2,724]

hi Visa journey,

My fiance and I been on for more than 6 years and we are planning to get married here in my country so we can file a spouse visa instead of K! visa but we are trying to consider the age of my 2 children who is now 19,1nd 18 years old can I stil bring them with me in the US?

If your fiance is their biological father then he can file for them as well as unmarried child of USC under the age of 21. If they are married, then they change category. If fiance is not their biological father, then once you obtain your green card, you can apply for them as long as they are unmarried.

Here is a link on USCIS that explains the process. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=be1ea6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=be1ea6c515083210VgnVCM100000082ca60aRCRD

[milimelo 4,503]

hi Visa journey,

My fiance and I been on for more than 6 years and we are planning to get married here in my country so we can file a spouse visa instead of K! visa but we are trying to consider the age of my 2 children who is now 19,1nd 18 years old can I stil bring them with me in the US?

Given their ages, if you get married in PI you will not be able to bring them to the US with you. In your case, fiancee visa (K1, K2) is what allows them into the US and they are considered children until age of 21 and they can adjust status and get a green card. If you go the marriage visa route that option is off the table as kids are 18+ at the time of marriage - your USC husband wouldn't be able to petition them - you'd have to do it once you get a green card.

Go with K1 visa.

[aaron2020 11,651]

hi Visa journey,

My fiance and I been on for more than 6 years and we are planning to get married here in my country so we can file a spouse visa instead of K! visa but we are trying to consider the age of my 2 children who is now 19,1nd 18 years old can I stil bring them with me in the US?

No. If you get married in the Philippines, your children will not get to immigrate to the US with you. THIS WOULD BE A BIG MISTAKE FOR YOUR CHILDREN.

THE K-1 ROUTE WILL ALLOW YOU TO BRING YOUR CHILDREN WITH YOU TO THE US.

Given their ages, if you get married in PI you will not be able to bring them to the US with you. In your case, fiancee visa (K1, K2) is what allows them into the US and they are considered children until age of 21 and they can adjust status and get a green card. If you go the marriage visa route that option is off the table as kids are 18+ at the time of marriage - your USC husband wouldn't be able to petition them - you'd have to do it once you get a green card.

Go with K1 visa.

US fiance files Form I-129f to start the K-1 visa process for you. Your children will qualify for K-2 visas based on the I-129f petition for you.

The child must arrive in the US by his/her 21st birthday to benefit from the K-2 visa. The K-1 process takes 6-12 months, so make sure the 19 years old does not turn 21 and age out.

Good luck.