Children over 18

[Kim-saru]

One thing that I have done is make a lot of friends, here and in China. I had one woman ask me a question about her relationship. She asked if her 18 year old son could be included in a K-1 or K-3 VISA. Maybe she hasn't told him yet or is afraid to and maybe have to leave him behind.

[Randy W]

Yes for K-2, yes and no For K-4

 

K-2's may get a visa and adjust status up to the age of 21

 

K-4's, on the other hand, require an I-130 to adjust status. You may file one for your step-child if the were under 18 at the time of your marriage

 

If they were over 18 at the time of marriage, the K-4 is a dead-end visa, since they most likely will not be able to adjust status from it

[dnoblett]

David has an essay on the K-4 dilemma. http://candleforlove.com/forums/index.php?showtopic=19271

 

One that seemed to get around the K-4 issue.

 

http://candleforlove.com/forums/index.php?showtopic=34560 (Again this is technically NOT an option)

[Randy W]

The difference between the K1/K2 and K3/K4 is the I-130. There is no category for a K-4 to adjust status, except through the I-130/I-485. There is one for a K-2.

 

The K-4 must have been under 18 at the time of the marriage in order for the American citizen to be able to file the I-130 (don't count on someone letting it through by not noticing), and the I-130 should be filed before he/she becomes 21. The K-2 must be awarded and AOS filed for before the K-2 turns 21.

 

The USCIS may deny the application if a K-2 is over 21 at the time of adjudication. The K-4's age is frozen by the Child Status Protection Act at the age at the time the I-130 is filed.

Edited May 22, 2009 by Randy W (see edit history)