Marrying Colombian man with 19 year old son... how to improve the son's chances for a visa...?

[sohappy2 1]

Hi All...

I am about to file my K-1 for my fiance. He has two children (16 year old girl and 19 year old boy) from a previous marriage. Both children live with their mother in Colombia. The son would like to immigrate to the US with his father. The daughter would like to remain in Colombia but visit in the summers. Does anyone have any advice about this? Which visas to pursue, how and when to go about it... My lawyer has advised that it will be difficult for the son... Any thoughts?

Thanks to all of you. This is a special place where people can go for advice, and I am thankful.

Traci

[Chica Yeyé 41]

Traci,

I am not sure, but I think that your husband would need to first become a permanent resident and then apply for the older son since he is over 18. Also, since he has no custody, that could be an issue as well. But don't take my word for it, check out the guides, and I'm sure you'll find more answers. Good luck and hope it gets resolved.

[payxibka 10,047]

I am not sure custody for a 19 year old is an issue... If you read the I-129F, children of the fiance(e) up to age 21 can accompany the K-1.

Edited December 12, 2007 by fwaguy

[pushbrk 13,102]

I am not sure custody for a 19 year old is an issue... If you read the I-129F, children of the fiance(e) up to age 21 can accompany the K-1.

With a 19 year old son, I concur that the K1 is the way to go. The problem is adjusting status after arrival. Many simply begin college before age 21 and manage to obtain a student visa to keep them legal until they get a work sponsored visa or marry a USC. Or they simply go back home after they finish their education.

I'd be bit more worried about the daughter visiting. That actually sounds stickier to me because she may have a hard time obtaining a visa to visit, with a parent and sibling already in the US. Strong ties to Columbia could be pretty difficult to show.