stepchild over 18

[lassetter]

Has anyone faced the difficulty of having a stepchild who was over 18 but under the age of 21 when they married? s

Rupert

[tywy_99]

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.

[lassetter]

Thank you for your reply. Your analysis confirms mine. I need an experienced attorney.

 

Any suggestions?

 

Rupert

[warpedbored]

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.