if the daughter is turning 18

[PaulandBetty]

If my fiance's daughter is turning 18 this september, does she still qualify for the visa under the fiance visa? Do we only have to start the process before she turns 18? My fiance will be coming to the U.S. in July for 6 weeks. Is it legal for us to marry while she is here? If we marry, how does this affect the daughter coming here?

[Randy W]

If my fiance's daughter is turning 18 this september, does she still qualify for the visa under the fiance visa? Do we only have to start the process before she turns 18? My fiance will be coming to the U.S. in July for 6 weeks. Is it legal for us to marry while she is here? If we marry, how does this affect the daughter coming here?

 

Yes - she can come to the US and adjust status under the K-2 visa, as long as she enters the US before she becomes 21 years old. You simply need to activate the K-2 paperwork when the K-1 application is at Guangzhou by filing a second P-3 for the daughter.

 

If you were to marry, your wife would no longer be eligible for the K-1, and her daughter would no longer be eligible for the K-2 daughter of a fiance.

 

You would need to file an I-130 (for a CR-1 visa) for your wife, but your step-daughter would not be eligible for this, as she would be over the age of 18 at the time of the marriage.

 

So, under our current Immigration Laws (the INA), DON'T MARRY, until AFTER she arrives on the K-1 visa! Stick with the K-1/K-2.

[dnoblett]

1) Yes, daughter qualifies for a K-2 even if 18 before your marriage, qualifies for it up to age 21

 

2) No, K-1 / K-2 process can be started after daughter turns 18, is a reason to not marry if step child is alread 18, but less than 21.

 

3) Here is where Randy missed the timeline, If your fiancee visits this July, yes you CAN marry BEFORE step child turns 18, you CAN then file for a CR-1 for spouse, and a CR-2 for step-child, even after child turns 18, because the marriage that makes daughter your step child happens before step child's 18th birthday. Can marry in July or August before step child's birthday. And yes it is perfectly legal to get married in the states on B-2 visa, what is visa fraud is entry to the USA on a B-2 with full intent to immigrate, getting married and then staying and adjusting status, treating the B-2 as a fiancee visa, that is what what the K-1 is for.

 

At this point you do have two options:

 

• Marry fiancee when she visits this summer, and then file two I-130 petitions for Spouse and step daughter.
  • For fees this would be much less expensive, there is no fees to adjust status Spouse and Step child would imediately get green-card status upon entry to the USA allowing work, and travel.
  • Fees:
  • I-130 CR-1/CR-2 Spouse/Step child case
    I-130 $420 each
    DS-230 $330 + $74 Each
    I-864 $88 each
    Immigration fee: $165 each
    Total $1077 each
    Grand Total $2154
• Or you can wait and file a I-129F for fiancee and also get a visa for fiancee's daughter and marry later.
  • Cost will be over $1000 more in fees.
  • Fees:
  • I-129F K1/K2 Fiancee visa
    I-129F $340 (Just for K-1, K-2 gets a derivitive visa)
    K-Visa fee at Consulate $350 each
    I-485 fee for green cards after marriage $1070 each
    Total $1760 for K-1 and $1420 for the K-2
    Grand Total $3180

If it were me I would be marrying my fiancee when she visits the USA before her child turns age 18, and then be filing for immigrant spouse and step child visas.

[Randy W]

Dan's exactly right - I did miss that. Thanks!

 

And I was also assuming that they had already filed the K-1 - if so, the K-1 would be null and void, and you would have to file a second petition - the I-130 (still a good idea). But now that I've had my nap time, I see that's probably not the case either.

[dnoblett]

On last note: If you do decide to go and get married this summer. A few points, if your fiancee has a wedding dress, have her mail it to you using Priority mail, EMS, Fed-EX, or UPS, along with her birth certificate, and perhaps any divorce certificates.

 

I have heard stories where a fiancee visiting the USA on a visitor's visa gets denied entry at the POE if they see things like wedding dress, birth cert and other indications that they intend to marry while visiting, it's not the marriage that is the problem, the POE suspects visitor intends to overstay the visit and adjust status, and can deny for that.