Applying for K-1. Can he get a visa if he has a child? The child is 15 years old.

[Jeanne Adil 1,651]

Think of a timetable

you still need another meeting /HOw soon?  she is 15

and to apply for K1   now taking about a year if approved  she is 16 or more

then he comes to USA  she is 16 or more

you marry / 1-3 months

he does AOS for green card and so many here are taking a year  /now she is 17 or more

from the USCIS site 

• Have been a permanent resident (green card holder) for at least 3 years

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

 

we are talking 3 more years to even apply / now she is 20 or more

and it is taking a year to get citzenship  (one man was waiting 17 months)  / anyway now she is over 21

and has ages out

 

[TM92 527]

4 hours ago, adil-rafa said:

He would have to be a citzen to apply for her

she would have to remain unmarried

(look into the rules for this on aging out)

best to bring her now if possible

16 minutes ago, adil-rafa said:

Think of a timetable

you still need another meeting /HOw soon?  she is 15

and to apply for K1   now taking about a year if approved  she is 16 or more

then he comes to USA  she is 16 or more

you marry / 1-3 months

he does AOS for green card and so many here are taking a year  /now she is 17 or more

from the USCIS site 

• Have been a permanent resident (green card holder) for at least 3 years

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

 

we are talking 3 more years to even apply / now she is 20 or more

and it is taking a year to get citzenship  (one man was waiting 17 months)  / anyway now she is over 21

and has ages out

OP can file an I-130 for his daughter after their marriage (if they marry before she turns 18). For the 21 age limit, the Child Status Protection Act might help a little. @AngelaHallim: See info about the IR-2, Unmarried Child Under 21 Years of Age of a U.S. Citizen: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html For all green card purposes, "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" is 1 definition of an eligible child of an USC: https://www.visajourney.com/content/child

Edited October 4, 2018 by TM92

[TM92 527]

3 hours ago, Ksenia_O said:

Time is limited for a child to get a derivative ( K2)  visa - it's a year  from the date of  K-1 visa issuance.

But yes, to be eligible for K2 visa a child must be under 21 and unmarried. And has to enter the US BEFORE turns 21.

@RJandHamid and @Ksenia_O: See my post above

[Jeanne Adil 1,651]

24 minutes ago, TM92 said:

OP can file an I-130 for his daughter after their marriage (if they marry before she turns 18). For the 21 age limit, the Child Status Protection Act might help a little. @AngelaHallim: See info about the IR-2, Unmarried Child Under 21 Years of Age of a U.S. Citizen: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html For all green card purposes, "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" is 1 definition of an eligible child of an USC: https://www.visajourney.com/content/child

True but being from Morocco we all know how hard it is at times to get documents done

and it would be so much easier to do them at this stage than to try to do them from the USA later

even the Moroccan birth certificate expires in 90 days and u need to get one again and again

[TM92 527]

16 minutes ago, adil-rafa said:

True but being from Morocco we all know how hard it is at times to get documents done

and it would be so much easier to do them at this stage than to try to do them from the USA later...

Good point. Since OP plans for the daughter to immigrate around the age of 18, the daughter must be willing to do the legwork of getting the appropriate documents promptly to avoid aging out even with CSPA; thus having to do the slower F1 preference process. And there is also the risk of the daughter marrying on a whim at any age before entering on a visa; then only the even slower F3 preference process will be available.

Edited October 4, 2018 by TM92

[Jeanne Adil 1,651]

got to think "This is Moroc"   for any visa approval or denial

[Ksenia_O 695]

1 hour ago, TM92 said:

@RJandHamid and @Ksenia_O: See my post above

Re-read my post -  I was referring to a K1/K2 process. And K2 is not aging out as long as a child entered the US before 21. Even if 21 is the next day after arrival. 

[TM92 527]

38 minutes ago, Ksenia_O said:

Re-read my post -  I was referring to a K1/K2 process. And K2 is not aging out as long as a child entered the US before 21. Even if 21 is the next day after arrival. 

Based on OP's plan (see quote below), K-2 is not viable:

6 hours ago, AngelaHallim said:

until she turns 18 then he would like to have her come.

[Ksenia_O 695]

16 minutes ago, TM92 said:

Based on OP's plan (see quote below), K-2 is not viable:

in my original post i quoted another VJ member, answering  a few things there. Not OP. That's it. 

Also, OP has not even started a process, yet. Girl is 15 now. Maybe soon to be 16. If they file I-129F, for example,  - currently it takes a year+. So, she would be 16-17. Then a child would have a year to join on a K2 visa. So she  could be 17-18. 

Besides, we still are not positive if he is divorced. So I'd not think K-2 is not viable - depends on when they file (any petition), everything is still possible.
 

Edited October 4, 2018 by Ksenia_O

[TM92 527]

7 minutes ago, Ksenia_O said:

Besides, we still are not positive if he is divorced.

True. But the thread @JFH linked is from 2008. If I were a betting man I'd wager that he is divorced by now.

[Ksenia_O 695]

58 minutes ago, TM92 said:

True. But the thread @JFH linked is from 2008. If I were a betting man I'd wager that he is divorced by now.

I agree - have thought about this too. 

 

But anyway - there is still a good timing for the girl to arrive on K2 visa, taking into account current processing time. Also, I forgot to add who knows how many extra months from I-129f approval (if approval) to an actual K1 interview. 

 

Anyway, I see Op has been given really good advices and possible scenarios. Hopefully, everything will work out for them - regardless what route will be taken!!!!

Edited October 4, 2018 by Ksenia_O

[AngelaHallim 0]

7 hours ago, RJandHamid said:

The child can come over on a K-2 visa as long as they are under 21 and unmarried. Once they turn 21 or if she were to marry before coming to the US and receiving the green card, she would not be eligible for the K-2. If he does intend to bring her over, she needs to be named as his child on the I-129F petition. 

 

I don't really think that him coming to the US without the child initially would be a huge determining factor. People do leave children behind to move to the US to be with a new partner. Your biggest difficultly likely will still be proving a genuine relationship, especially since you have known him for a long time, with few visits within that time frame. Also, like someone stated above, you both need to be free to marry and legally divorced from previous partners before starting the visa process.  

Hi. I know people are reading my previous post form 2008 and yes he was separated at that point for about a year. He was not legally divorced at that point. Yes He is divorced for 10 years now. The reason we have not married....he had a small child and I did not want him to leave his small child. His daughter wants to come with him when he comes so this info has been helpful. Im going at the end of the year for just a week. Then next April for a month. 

1 hour ago, TM92 said:

Based on OP's plan (see quote below), K-2 is not viable:

Thank you this is helpful.

[AngelaHallim 0]

4 hours ago, adil-rafa said:

Think of a timetable

you still need another meeting /HOw soon?  she is 15

and to apply for K1   now taking about a year if approved  she is 16 or more

then he comes to USA  she is 16 or more

you marry / 1-3 months

he does AOS for green card and so many here are taking a year  /now she is 17 or more

from the USCIS site 

• Have been a permanent resident (green card holder) for at least 3 years

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

 

we are talking 3 more years to even apply / now she is 20 or more

and it is taking a year to get citzenship  (one man was waiting 17 months)  / anyway now she is over 21

and has ages out

 

Thank you so much. This is helpful

[AngelaHallim 0]

14 hours ago, EandH0904 said:

Is he wanting to bring the child to the US? If so he needs to show he has permission from the child mother. 

 

You would file k1 for him and k1 for the child. 

 

I agree with the others too...when did you last see each other in person? Is there any reason why, in 11 years, you didnt get married? 

Yes. The child was young. I didn't want him leaving his child. We can prove friendly relationship, friends for many years. And yes all the trips, photos etc. But now that she is 15 we have decided we want to be together still. I decided in 2009 that I couldn't have him leave daughter, I married. Im now divorced. He is divorced for over 10 yrs. Yes 10 years...it has been hard when we would talk because I love him. I hate that I feel in love with a man so far away. I met him when I was there in 2007

[Boiler 43,432]

Well see how it goes over you next visits, might want to consider going the CR1 route if you take matters further.