MarthaMujica

I've read that my hubby to be can petition for his child who's now 19 to obtain visa and depart the country with him after approval of K-1 of course. My question is, how long does the son have to travel to the US. I was told a year. What happens if he cannot travel, say for a year and a half. How long are we looking at to petition for him should he lose the K-3 visa. Thank you!

Rete

It is a K-2, not a K-3. And he can petition for him only if his name was included on the original I-129F which you filed for fiancee. It would be best if your fiancee's son got his K-2 at the same time that his father got his K-1. And yes, the son must enter within a year. If he doesn't, the K-2 is void. Remember he must adjust status before his 21st birthday or he is SOL.

Rete

MarthaMujica

thanks for the clarification and your reply Rete! We will petition his son on the I-129f. My concern was, if son loses the k2 - how long would it take for him to come over to the use via some other process - until my fiancee gets his residence? Someone told me if that happens, there may be an extension we can request for child to departure country a few months later. Also, what is SOL?
thanks!

Mike_jones

Child Protection Act locks down the childs age as being what it was when
application is accepted. No more last minute heart attacks for the older K2
families, the kid can be older than 21 now and still adjust. Just get the
application accepted before age 21.
Mike
--
geez, remember
Alvena and M.C.
"very last second" AOS

"Rete" wrote in message
news:[email protected]...
    > Originally posted by MarthaMujica
    > > I've read that my hubby to be can petition for his child who's now 19
    > > to obtain visa and depart the country with him after approval of K-1
    > > of course. My question is, how long does the son have to travel to
    > > the US. I was told a year. What happens if he cannot travel, say for
    > > a year and a half. How long are we looking at to petition for him
    > > should he lose the K-3 visa. Thank you!
    > It is a K-2, not a K-3. And he can petition for him only if his name
    > was included on the original I-129F which you filed for fiancee. It
    > would be best if your fiancee's son got his K-2 at the same time that
    > his father got his K-1. And yes, the son must enter within a year. If
    > he doesn't, the K-2 is void. Remember he must adjust status before his
    > 21st birthday or he is SOL.
    > Rete
    > --
    > Posted via http://britishexpats.com

Rete

I completely forgot about that Mike. Thanks for the refresher course.

And yes, I remember Alvena and the scramble to adjust her stepson in Kentucky before his 21st birthday.

Rete

MarthaMujica

thanks Mike - when you said just get application accepted before child's 21 - are you referring to I-129F? Sorry - my first time doing this and hopefully - my last :-) - I am planning on doing just that. Problem is child will not be able to travel until 18 months after dad's granted K-1 to come to US. I don't want to have to make kid wait another 3-5 years to come to US. Thans again

Rete

See Mike Jone's reply below. Your stepson would not have to have final adjustment by age 21 if he enters the US as a K-2 recipient due to the new Child Protection Act. So there is no SOL in that case. SOL is shit out of luck.

As for the issue of an expired K-2, you as the USC step parent would have to petition for him via form I-130 and that can take a year or more.

Rete

MarthaMujica

I didn't know USC stepparents could petition stepkids via I-130 - that's wonderful news to me!! If processing time is less than 2 yrs then I think that's the way to go with my stepson. Thanks to all. While I'm here, would having a church wedding in fiancee's homeland help as far as "evidence" we are for real? I mean, not a setup? all this of course before beginning K-1 process

Mike_jones

No, I meant the I-485 application for Adjustment of Status must be accepted
by the BCIS (INS) local office by the time the child turns 21. This happens
after the child arrives in the United States. If I were to give advice (and
I am not, but *if* I were), I would be submitting the Adjustment of Status
application no later than 6 months before the child turns 21.

I would then start working backwards from that date and figure out what you
have to do between now and then to make it happen.

If the son is 19 years old right now, then the ONLY way for him to come over
is on a K2 visa. You can not petition for him as a step parent unless the
marriage happened before the child turned 18. The "rules" say a K2 can apply
for the visa up to a year after the K1, not 18 months.

The way I see it, the son either changes his travel plans, or he won't be
coming over here at all.
Mike


"MarthaMujica" wrote in message
news:[email protected]...
    > thanks Mike - when you said just get application accepted before child's
    > 21 - are you referring to I-129F? Sorry - my first time doing this and
    > hopefully - my last :-) - I am planning on doing just that. Problem is
    > child will not be able to travel until 18 months after dad's granted K-1
    > to come to US. I don't want to have to make kid wait another 3-5 years
    > to come to US. Thans again
    > --
    > Posted via http://britishexpats.com

Squire

In article , MarthaMujica
writes
    >I didn't know USC stepparents could petition stepkids via I-130 - that's
    >wonderful news to me!! If processing time is less than 2 yrs then I
    >think that's the way to go with my stepson. Thanks to all. While I'm
    >here, would having a church wedding in fiancee's homeland help as far as
    >"evidence" we are for real? I mean, not a setup? all this of course
    >before beginning K-1 process

If you get married before your petition is granted then K1/K2 would not
be appropriate as you would no longer be a fiancee.

However, there would be implications for the 19 year old as I understand
it from reading Folinskyinla. Have a look at -

Message-ID:
Subject: Anyone with experience re moving with 20 yr old child?

    > In a quirk in the law, the 18-20 year old children of I-129F K-1
    > beneficiaries can come into the US as K-2's and get a green card off
    > the natural parents subsequent marriage. If the natural parent had
    > already married when child was 18 or over, then out of luck.


--
squire
Those are my principles. If you don't like them I have others. (Groucho)

Mrtravel

Rete wrote:

    >
    > As for the issue of an expired K-2, you as the USC step parent
    > would have to petition for him via form I-130 and that can take a
    > year or more.
    >

If they only recently got married, that might not work if the child is
19.
I thought the stepparent relationship had to become effective by 18