Questions on family petition

[Hairball 11]

To help with my questions I will supply some information:

I am a USC and planning to marry a Ukrainian in June in Ukraine. She has a b1/b2 visa. Child is 19 turning 20 April 2015. I will file for TRP in Ukraine and live there for a while. I have talked with a lawyer who does not advise to get married in the states. It could cause problems in the future while filing for a spouse visa. Stating getting married on visitors visa in USA would be a lie....even on surprise engagement! It will become a can of worms. We still plan to travel together as we do now between our homelands while spouse visa is in process

1. Is the k3 visa dead? so I must use the cr1, yes?

2. what is the correct way to petition for step daughter? Also daughter wants to finish schooling in Europe

[aaron2020 11,651]

Hi,

Your lawyer is a fuckin idiot.

If you marry abroad, her child will not be able to immigrate with her. You can never file anything for her daughter. Once your wife immigrates, it will take her 10 years to bring an unmarried child over 21 to the US.

You are way better off pursuing a K-1 fiancée visa. Do this quick. File today. Get marry in the US. You are under a tight timeline. If you can get the K-1 through in the average time of 6-12 months, her daughter can get a K-2 visa. The K-2 and her entry into the US MUST happen before she turns 21. Once in the US, you marry and both of them will get green cards.

Once the daughter has her green card, she can file for a Re-Entry permit which will allow her to be outside the U.S. for up to 2 years. She can go back to Europe to finish her education. This is what many people have successfully done in your situation when the fiancée has a child between age 18-21.

Don't marry on the B1/B2 in the US. The daughter will be SOL.

Your lawyer is a fuckin idiot.

Do not marry in the Ukraine if she wants her daughter to immigrate with her.

Best of luck.

Edited February 27, 2015 by aaron2020

[Merrytooth 5,748]

aaron2020 is right!

[SAT 9,609]

I didn't know you can use the word "fuckin" on VJ

[milimelo 4,194]

Follow aaron2020's advice if you want the child to come with mother. K-1 all the way and file asap.

[Hairball 11]

I can not get TRP in Ukraine unless married.....we are tired of the 90 in 90 out

[aaron2020 11,651]

I can not get TRP in Ukraine unless married.....we are tired of the 90 in 90 out

You will have to weigh whether TRP is worth having her daughter wait 10 years to immigrate.

IMHO - I would gladly do the 90 in 90 out if it would make my wife happy to be with her daughter. Can she tolerate 10 years where she can go to visit her daughter in the Ukraine and her daughter not be able to visit her in the US? How often do you think your wife will be able to visit the Ukraine? Will you be able to tolerate your wife's sadness?

[Darnell 8,478]

isn't the bar 'before 18' for marriage? for CR-2 ?

if yes, please chase the K-1 visa now, nowish.