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Marriage in the States + children: B-2 or K-1? Plus above 21 child: B-2 and then F-1?

Marriage in the States + children: B-2 or K-1? Plus above 21 child: B-2 and then F-1?

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Old Feb 14th 2005, 5:17 pm
  #1  
Pfleal
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Default Marriage in the States + children: B-2 or K-1? Plus above 21 child: B-2 and then F-1?

Dear All,

It's nice to see so many msgs and ppl discussing issues on
visa/immigration and find out we're not left alone in this worries.

Going straight to the point(s):
My mother, who is a Brazilian woman legally divorced and has 2 under
age children (14 and 17) plus me (of 23), is to marry an American
widower.
Considering that she and all her children already are B-2 visa holders,
the couple have been wondering for the best option to be together sooner
and quicker - meaning by July so that the children can start their
school year in the States.

Here's what they've thought of so far:
a) applying for a K-1 visa (and respective visas for the younger
children). We are aware of the medical exams and interviews but the
only Consulate that does it is in Rio, meaning that she would have to
travel there twice having costs of over USD 1000 (which they could be
saving for the honey moon :) Besides, we don't know if the visa would
be granted by July if applied now;

b) Since she and the children already have a B-2 visa, the other idea
is travelling to the States on this visa and getting married there.
Then changing her status. Could it work or would it mean that she would
have to go back to Brazil until the legal procedures are finalised?

On the other hand, there's me who wants to join them. I'll be
travelling there to attend the wedding on a B-2 visa and I've been
thinking of then - while still there - applying for a F-1 (masters
degree). Is it possible to change visa once in the States or do I have
to go back to Brazil and then start all the procedures?

PS: Considering that we live in the Amazon and so far from the
Embassy/Consulates, we would need all the help/advices we could get
before starting this "no turining back" journey.

PS2: Sorry for such long message, but I guess it reflects pretty much
our worries and urge for advices.


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Old Feb 15th 2005, 1:00 pm
  #2  
Chris Brunot
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Default Re: Marriage in the States + children: B-2 or K-1? Plus above 21 child: B-2 and then F-1?

Hey you really have a situation here.. but if the person she is
marrying is an American citizen, then she can marry him while in the
U.S. and adjust status. In case they get married outside the U.S. she
can come to the US on K-3 visa.

After marriage the father can file an I-130 Immediate Relative petition
for her and the two step-children under 18. As per law the father can
petition for step children under 21 years of age provided the step
relation should be established before the child's 18th birthday. Thus
if the marriage takes place before your younger sibling's 18th
birthday, then the father can sponsor your two younger siblings.

Since you are already 23, I think it would be proper for you to explore
an independent visa to stay in the US.

Its better to consult an attorney for your situation.
 
Old Feb 16th 2005, 11:46 am
  #3  
Pfleal
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Default Re: Marriage in the States + children: B-2 or K-1? Plus above 21 child: B-2 and then F-1?

Dear Chris,
Tks for your such a quick reply.
We'll do as your adivice and will consult an attorney.
Rgs from the Amazon


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