USC marrying Kenyan with a 17 & 19 year old. How long does the 19yr

[Nordlandcc 2]

Hello,

I am set to marry my Fiance in January. My wife has a 16 (soon to be 17) and a 19 yr old son. I have read that the 19 year old is not considered a step-son. If that is true, how long will my 19 year old have to wait to apply for a VISA? Could he try and come as a student if it will take years?

Thanks!! I am a little nervous!!!

[Ryan H 3,790]

***Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.***

**Moderator hat off**

The 19 year old is considered your stepson. However, because he is over 18 at the time the marriage is taking place, you are not able to petition for him.

As soon as your wife has her Green Card, she can file a petition for him. He would initially start in the F2A category and the current priority date for the F2A category is February 1, 2013. If he turns 21 before the priority date on the petition becomes current, then he go to the F2B category and the current priority date for that category is November 1, 2007. He must remain unmarried or the petition will become void.

He can apply for a student visa provided he meets the requirements (one of which is showing ties to the home country).

[milimelo 4,205]

I'd do K-1 over CR-1 exactly because of the 19 year old. K-1 allows K-2s up to 21 years of age to come and upon your marriage to K-1 beneficiary K2s can adjust status as well.

[Nordlandcc 2]

I'd do K-1 over CR-1 exactly because of the 19 year old. K-1 allows K-2s up to 21 years of age to come and upon your marriage to K-1 beneficiary K2s can adjust status as well.

Wait, so if we get married in the States, her 19 year-old would be allowed to apply under a K-2 filing? I don't understand why the location of our marriage would matter to the US Government?

[dwheels76 5,462]

Wait, so if we get married in the States, her 19 year-old would be allowed to apply under a K-2 filing? I don't understand why the location of our marriage would matter to the US Government?

It's not about where you get married its about what you file. If you file before marriage you are going for the K1/K2 fiance' Visa. This allows you to bring the oldest also.

If you get married you can't.

[Nordlandcc 2]

It's not about where you get married its about what you file. If you file before marriage you are going for the K1/K2 fiance' Visa. This allows you to bring the oldest also.

If you get married you can't.

milimelo & dwheels76,

Thank you so much for that information! I can now give her the option.

[Nordlandcc 2]

One more question that came up this weekend. Does a K-2 holder have to enter before they turn 21 or does the fact that mom and I married extend that time frame? Her oldest child turns 21 in 14 months and we have yet to file for the K-1(K-2) VISA's.

[milimelo 4,205]

Marriage won't extend any time limits. If he doesn't travel and doesn't apply for adjustment of status after your marriage and before he turns 21 he has to go back to his home country.

I guess time for you to start I-129f petition if you're intent to bring them before the child turns 21. Also, time to start building the savings for AOS - 3X 1071 and any other fees K1 visa fee, medicals, documents from police/courts...

[Nordlandcc 2]

Marriage won't extend any time limits. If he doesn't travel and doesn't apply for adjustment of status after your marriage and before he turns 21 he has to go back to his home country.

I guess time for you to start I-129f petition if you're intent to bring them before the child turns 21. Also, time to start building the savings for AOS - 3X 1071 and any other fees K1 visa fee, medicals, documents from police/courts...

Hi Milimelo,

Do you know why the Dept. of State says 18yrs or younger for K1 child?

I am seeing this on VJ

--o The K1 visa enables US Citizens to bring their foreign fiance(e)s to the United States in order to get married.

--o The K2 visa allows unmarried children (under age 21) of the fiance(e) to move to the US as well.

However, this is what I see on the Department of State:

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

Can you or anyone explain why the Department of State(DOS) doesn't say unmarried and age 21?

Thanks,

Kevin

[dwheels76 5,462]

Hi Milimelo,

Do you know why the Dept. of State says 18yrs or younger for K1 child?

I am seeing this on VJ

--o The K1 visa enables US Citizens to bring their foreign fiance(e)s to the United States in order to get married.

--o The K2 visa allows unmarried children (under age 21) of the fiance(e) to move to the US as well.

However, this is what I see on the Department of State:

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

Can you or anyone explain why the Department of State(DOS) doesn't say unmarried and age 21?

Thanks,

Kevin

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

See the issue is you aren't married you have to have been married before they turned 18 first. Than once you are married then you have to file adjustment of status before they are 21.

So already one child is ineligible and you say the other is 17

[Nordlandcc 2]

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

See the issue is you aren't married you have to have been married before they turned 18 first. Than once you are married then you have to file adjustment of status before they are 21.

So already one child is ineligible and you say the other is 17

So how do we explain this sentence on VJ: The K2 visa allows unmarried children (under age 21) of the fiance(e) to move to the US as well.

It specifically says FIANCE', not spouse.

[milimelo 4,205]

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

See the issue is you aren't married you have to have been married before they turned 18 first. Than once you are married then you have to file adjustment of status before they are 21.

So already one child is ineligible and you say the other is 17

That's wrong. K2 visa beneficiaries as long as they are under 21 when they file for AOS are covered. There's a reason I told OP to file K1 visa given the ages of fiancee's children. Had they married, one would've been left behind. K-1 visa takes care of that so both can come to the US and adjust after marriage.