Married, divorced then remarried

[mogulnara 0]

A US husband had a government marriage with a Kazakh wife with a step daughter on 10/8/2011. At that time the step-daughter was 17 years old. We suffered disagreements over the step-daughter which lead to a court divorce on 7/2/2012. After a two-month separation, we decided to reconcile our differences & again live together. Presently, we all live in K.L., Malaysia & decided to move to US. We wish to petition to USCIS for an immigrant visa for both the mother & step-daughter (now 19 years old).We have the following questions:

1. Would our first government marriage on 10/8/2011 be considered valid or revoked by the court divorce on 7/2/2012, for the sake of the step-daughter’s age restriction of 18 at the time of marriage?

2. Do we have to do another government marriage in Malaysia (country of residence) or enter US on a Fiancé visa & marry in the US within 90 days?

3. Which petition will facilitate entry to US for both mother/spouse & step-daughter in our case: a Fiancé (form I-129f) or Spouse (form I-130) plus K3 visa?

4. Should we send our petition from country or residence?

Thank you for assistance.

[milimelo 4,413]

Given that the daughter is now 19, the only way to bring her to the U.S. with her mother and no wait time is with K-1 (fiancee) visa - it allows for children up to age of 21 to enter and adjust status after the marriage of their parent on K-1 visa.

If you're still staying in KL, use that address.

[Penguin_ie 5,992]

I agree with milimelo

1. As you divorced, the "under 18" rule does not apply.

2. It is up to you, both are good options for you and your husband (spousal visa would mean immediate greencard/ ability to work and travel to see your daughter if she stays behind) but see below.

3. Forget the K3, you are extremely unlikely to get it. K1 is your best option if you want to bring the daughter at the same time.

4. Yes

[mogulnara 0]

Thank you "milimelo". I agree with you, Fiance K1 visa is the way to go. I will start the process from Malaysia.

[mogulnara 0]

Thank you, Penguin_ie. A agree with all your answers.