I'm a US citizen, need help bringing step child (under 21 not married)

[babyvet18fe 1]

Hello,

I am a us citizen and brought my husband from Uruguay on a K-1 Visa. My step son would now like to come live with us and he is under 21 and not married. I am a little confused when reading about the K-4 Visa. Is he eligible to come on a K-4 while waiting for the I-130 to be processed? USCIS.GOV says:

A child may be eligible for a K-4 visa if:

• He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant

and

Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.

But my husband didn't come on a K-3...does that mean my step son cant come on the K-4? Other info I'm reading seems to indicate that he would be eligible as I married his father before he turned 18, he isn't married, and he is under 21.

He is in a bad way in his country and very alone and is desperate to come as quickly as possible to be with his father and I. What is the fastest way to get him here? Any help or advice would be greatly appreciated. Thank you!

-Jamie

[aleful 1,905]

hi

did you put his name on the K1, meaning he would come on a K2?

no he cannot come on a K4

because you didn't file for him as a K2 when your filed for your fiancé, you will have to file for him as a stepparent

but how old is he now? because the marriage has to have taken place before he turned 18 to file the i130

[babyvet18fe 1]

I did not add him to the K-1 and he was under 18 when I married his father.

So I can only file an I-130 as a step parent and he must wait for a visa to be available? Is there a long wait when he is the step child of am American citizen?

[NigeriaorBust 4,087]

If you married before he was 18 and he is still under 21 you can file an I130 for him and there is no wait for the child ( including qualified steps ) of a USC. IF you delay until after he is 21 then there is a wait.

[babyvet18fe 1]

Thank you for your help! How do i figure out how long it will take for this process?

[newacct 688]

How long ago did your husband get his K-1? Because a K-2 child can follow to join within 1 year of the K-1 parent getting their K-1 visa.

[aaron2020 11,651]

How long ago did your husband get his K-1? Because a K-2 child can follow to join within 1 year of the K-1 parent getting their K-1 visa.

His timeline shows the K-1 was issued in 2008. The K-2 is not an option at this point.

Edited January 13, 2016 by aaron2020

[aaron2020 11,651]

Thank you for your help! How do i figure out how long it will take for this process?

If you file before his 21st birthday, it would be an Immediate Relative case and take about 6-12 months.

If you file after his 21st birthday, it would be an F1 family preference case and takes about 7-8 years. The availability of a visa depends on his Priority Date and the current Priority Date in the Visa Bulletin.