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Can I still ask for a K1 visa?


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Hello Mei:

 

I understand your position very well. I have gone through this process, too. My wife came on a K-3 visa. My wife has a daughter who was over 18 when we married. Just like you.

 

The posters here know their stuff.

 

Your daughter can get a K-4 visa and accompany you to the USA. It is routine and does not require any special effort. Do not worry about that.

 

But the problem for you will be allowing your daughter to Adjust Status so that she can remain in the USA. It is a serious problem. I suggest getting the best Immigration Attorney possible. The experienced CFL members can advise you. Look at the Papa Bear thread that is discussing the same issue.

Good luck,

Rup

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This is all very confusing. According to USCONGUZ the child must be under 18 at the time of the marriage for the US petitioner to file an I-130 to bring the child here.

The marriage creating the step-relationship must have taken place before the child reached the age of 18 if the US Citizen step-parent wishes to file a petition for the child to immigrate to the U.S.

 

Please see the following link for more information on the definition of a child.

 

http://uscis.gov/graphics/howdoi/child.htm

 

Sincerely,

 

IV Unit, U.S. Consulate, Guangzhou, China

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