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TexasMojo66

K-2 Visa Question

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I am looking to get some clarification on eligibility for a K-2 Visa. My fiancee's son is currently 17 years old and we have him listed in the I-129F to come on a K-2 visa. The USCIS website states that a person is eligible to accompany the K-1 fiancee on a K-2 if a)they are under 21 years of age, and 2) unmarried which he meets both criteria. However, I have also read on the website that a stepparent/stepchild relationship must be established before their 18th birthday (I interpret this to mean that my fiancee and I must be married before he turns 18). I am looking for some reconciliation between these two statements as his 18th birthday may occur before my fiancee and I will be able to marry (at least following our current timeline estimates). Any help would be greatly appreciated.

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Filed: Citizen (apr) Country: Belarus
Timeline

For K2 visas the single child must enter before their 21st birthday. This will allow them to adjust status. My wife and I married before her son ( 20 years and 11 months :wacko: )entered the US. There is something out there about the 18 age, do not remember, but I do not believe this has to do with K2 visa.

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Filed: K-1 Visa Country: Australia
Timeline

Did you read that under the K1 visa requirements or somewhere else on the website that could mean for the spousal visa....

USCIS

03/31/2012: I-129F sent to Dallas Lockbox

04/03/2012: I-129F recieved and sent to VSC

04/06/2012: NOA1 text/email.

04/09/2012: Touched.

04/12/2012: NOA1 hardcopy.

09/06/2012: Service request placed- They advised I should hear something by 9/21

09/17/2012: Received letter from USCIS just to be told i'm within' normal processing time bleh.

10/03/2012: NOA2 text received - Best part is it's our 2nd year anniversary!! Great Gift! :)

Sydney Consulate

10/21/2012: Packet 3 Received

11/30/2012: Sent packet 3

12/27/2012: Received packet 4 Interview date :)

01/22/2013: Medical completed

02/05/2013: Interview date status: APPROVED 306 Days!!

02/22/2013: Visa in Hand

02/24/2013: POE- Dallas, TX- then connecting flight home!

Total Time it took to complete our K1 process- 10 months and 3 weeks!!! INSANE! (325 days)

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Thanks Enigma! Kitkat - I read it on the USCIS website under K-1 info (FAQs). The question was "does my USC fiance have to file separate petitions for my children?" There is an IMPORTANT NOTE that says "stepparent/stepchild relationship....etc." This seems to deal with Adjustment of Status. Also, there is a hyperlink at "child" that sends you to the USCIS definition of child. Again, it says unmarried/under 21 and below the 18yo requirement again. It's a bit confusing to me so that is why I was putting this out there to see what others have seen/done, etc.

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