catonnie

Hi guys

Im new to all this so please forgive me.

Me and my partner have been together for over 2 years now.
We want to be together in the US along with my children, one is 9 the other just 18. We are looking at getting married, no dates set as yet, and I am lucky in the fact i get to see him every 2 -3 months for a couple of weeks , although the rest of the time is incredibly hard

My question is, what would happen about the 18 year old, would he need his own visa, or would he get on mine?
Obviously, wouldnt be going without him so any help would be greatly appreciated as we will need to get everything sorted out for him aswell.

Thanks again

Cat x

ian-mstm

He is not protected by CSPA since the marriage will not happen prior to his turning 18. That said, if you pursue either a K-1 (fiancee) visa or CR-1 (spouse) visa he'll be fine as long as he becomes a US permanent resident (= green card) prior to turning 21. Either way, considering he's got almost 3 years... you're pretty safe!

Ian

catonnie

Thanks ian for your quick response

we are going down the route of the k1 visa and i need to get more info about the CR-1 but i have time which is the main thing lol

cat x

jeffreyhy

Both of your children will need their own visas.

If you pursue the immigrant visa, be aware that your [then] husband will not be able to petition for your 18 year-old child as he will not be the child's stepfather under immigration law. You will have to petition for that child after you become a Permanent Resident and the child will most likely be in the F2A preference category initially.

Regards, JEff

Rete

In comparing these two posts, something seems wrong.

One is saying the USC husband can apply for the 18 year old if they married now and the the child is already 18 and the other is saying no the USC husband cannot apply for him.

Does someone wish to clarify this for the OP.

jeffreyhy

I think Ian overlooked that, if the woman marries her fiance and applies for an immigrant visa, the boy cannot be a derivative beneficiary of the I-130 petition for his mother. He will also need to be petitioned for. And his mother's husband, his new stepfather, cannot be the petitioner because the marriage that created the step relationship occurred after the boy turned 18 years of age.

ian-mstm

Yup... my bad. This wouldn't be the case though (at least, I think...) if they pursue K-1/K-2 visas.

Ian

catonnie

thats why i ask because there seems so much information on each of the forms it becomes very confusing re the 18 yr old.

The other question, if my husband (to be) were to put in the petition for me and my youngest, and we were accepted, can I then put in for my 18 yr olds visa as a family member to a green card holder? and how long once i have been accepted to be a us resident can i stay in the uk for (to gets my eldest sons visa) or do i need to move to the us?

I wouldnt leave the uk without him so its very important as this is going to be quite a hurdle lol

thanks again

cat x

Mummy in the foothills

If you are going to the US on a K1 you don't get a green card for a few months. After you have married and adjusted status.

jeffreyhy

The petitions for you and your youngest, if going for the immigrant visas. See my post #4 in this thread, to which I add that you do not become a Permanent Resident until you enter the USA using your immigrant visa.

Sounds like you want to go with the K visas. For that, only one petition - for you. Both of your children will be derivative beneficiaries. But the clock is ticking for your oldest to get to the USA and apply to adjust status, so get started.

Regards, JEff

ian-mstm

Once you have your GC, yes... but not before. Realize that there is a visa quota for PRs that doesn't exist for USCs... and it'll probably be a year or so before your son can get a visa after you file... and that's after you get married and after you become a PR.


Once visas are issued, they are valid for 6 months... you must enter the US during those 6 months.[/quote]


You, yourself, can't file for a visa for him until after you become a PR, and, regardless of the visa you pursue (K-1 or CR-1) that will not happen before you enter the US. Sadly, you can't have it both ways.

Ian

Noorah101

Since it's important for you to all 3 move to the USA together at the same time, you probably want to stick with the K-1 / K-2 visas.

Your fiance only needs to file one I-129F petition, it will cover all 3 of you. You will enter on a K-1, the children on K-2.

Once you enter the USA and get married, you will need to do THREE Adjustment of Status packages...one you and one for each child. That will run into some money, so be prepared.

Rene

S Folinsky

Talk to an immigration lawyer.

Since you are not married yet and are talking about a K-1, the magic age for your children is 21, not 18.

You may want to take a look at the recent case of Matter of Le.