K2 (Age discrepancies between VJ & DOS)

[Nordlandcc 2]

I am seeing this on VJ

What is the K1 and K2 Visa:


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

Thanks,

Kevin

[Cody and Daisy 373]

I'm guessing it's because you are still legally a child and under the care of the parent Until 21.

After 21 you are not legally bound to your parents and therefore do not need to be with them?

VISA journey usually has more information than uscis (strange I know) but those are the rules even if that website isn't clear.

Why is this important? Want to bring someone who's over 21?

[Nordlandcc 2]

I'm guessing it's because you are still legally a child and under the care of the parent Until 21.

After 21 you are not legally bound to your parents and therefore do not need to be with them?

VISA journey usually has more information than uscis (strange I know) but those are the rules even if that website isn't clear.

Why is this important? Want to bring someone who's over 21?

My Fiance' has a soon to be 20 year old and the whole reason we went the K1 route instead of K3 was that her unmarried, under 21 son would be able to join her (along with her 16yr old). Otherwise, we would get married in Kenya with all her family there. I am now concerned he is not eligible since he will be over 18 when we marry in the US.

[Cody and Daisy 373]

My Fiance' has a soon to be 20 year old and the whole reason we went the K1 route instead of K3 was that her unmarried, under 21 son would be able to join her (along with her 16yr old). Otherwise, we would get married in Kenya with all her family there. I am now concerned he is not eligible since he will be over 18 when we marry in the US.

Ah, okay well I'd get this topic closed and open a new one with that, because of what you want to know, this topic is misleading in a sense people won't open it much.

You want to know if you can bring a "child" who is 19 almost 20 to the states with your fiancé.

The topics will probably be merged but I'd start a new one anyway with a topic asking that.

You'll probably get more answers from others who have done it.

[Nordlandcc 2]

Thank You Daisy!!

[KayDeeCee 4,891]

Please don't start a new topic to ask the same question. One post is all you need.

You can bring a child that is unmarried and under 21 on a derivative K-2 visa. You do not have to marry before the child is 18. That bit of info is about something else entirely(filing an I-130 to petition a step child) and is very confusing for DoS to have put that with the K-2 information.

As long as the child enters the US with a K-2 before turning 21, then they will be eligible to file for AOS after you marry their mother. http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

[Nordlandcc 2]

THANK YOU!!!

Sorry, I was told to clarify my question in a new post.