Fiance is a UK Citizen, her son is a Fillipino Citizen

[Jkw58 0]

My fiance is a fillipina with UK citizenship, living in the UK. Her son is a a fillipino citizen  living in the fillipines. We plan on applying for a K1 visa this year. Her son  just turned 18 , can we still petitiion him on the K1 appliction?

[geowrian 22,335]

...living in the Philippines*

 

Yes, the under-21 son can be included.

 

NOTE: Be sure to marry within the 90 days of entry, though. This is a condition of the K-1 visa anyway, but I'm just pointing it out because although there is a way to obtain a green card even if you marry after 90 days (with more forms and fees involved), the son would have issues since he's 18+.

 

Edit: For reference, you list all children (coming to the US or not) on the I-129F and DS-160 anyway. Those who want to apply for a K-2 visa would fill out a separate DS-160 anyway.

Edited January 24, 2018 by geowrian

[Jkw58 0]

thank you for the response. still trying to decide the best way to go on this. was thinking k1 at first but not sure if thats the way to go in order to get her over  here to the us. 

[geowrian 22,335]

14 minutes ago, Jkw58 said:

thank you for the response. still trying to decide the best way to go on this. was thinking k1 at first but not sure if thats the way to go in order to get her over  here to the us. 

K-1 is actually the only option to have the son join her in the US at the same time. The son can certainly join later, but it would result in years of separation.

Edit: Well, "certainly" under current law. The adult son/daughter category is part of the talks for removal in immigration reform.

 

Marrying and doing a CR-1 visa would result in a period of separation. This is because you cannot petition a stepchild unless the stepchild relationship was established before they turned 18. As such, she would have to petition for the son, which can only be done after becoming a green card holder, and has a 2 year wait as the child of a green card holder. If the child ages out (turns 21 and isn't covered by CSPA), the wait grows to 7-10 years.

Edited January 24, 2018 by geowrian

[Jkw58 0]

Once gain, thank you for your help.