lassetter Posted December 2, 2004 Report Share Posted December 2, 2004 Has anyone faced the difficulty of having a stepchild who was over 18 but under the age of 21 when they married? sRupert Link to comment
tywy_99 Posted December 3, 2004 Report Share Posted December 3, 2004 This sounds like a situation that needs the advice and experience of a good immigration lawyer. Step-children that fall within this age range seem to be victims of definitions.The K-4 qualifications are defined as the minor, unmarried child under 21 years of age of a qualified K-3 applicant. Yet, 'stepchild' as defined under INA 101( b )(1)( B ) is being under 18 years of age when the relationship was made. By the K-4 being over 18, the USC cannot file the I-130 on their behalf due to this definition and it just seems to get more complicated from there. A thought-provoking question you've posted. I am not in that situation and I haven't ever seen anyone post it here. I read thru the National Register pertaining to K-3/4 and it touches on the problem but gives no solutions. It does say that it is a problem that K-2's have faced for a long time, so there must be some way it can be handled. Good luck with it. I hope you can get it resolved without too much trouble. Link to comment
lassetter Posted December 3, 2004 Author Report Share Posted December 3, 2004 Thank you for your reply. Your analysis confirms mine. I need an experienced attorney. Any suggestions? Rupert Link to comment
warpedbored Posted December 3, 2004 Report Share Posted December 3, 2004 This is an area that is different for K-1 than K-3. K-2 the child only need be under 21 and unmarried at time of interview. As I understand it there is a formula for K4 beneficiaries that has something to do with the childs age at the date of marriage. Link to comment
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