K-3 Holder

[pushbrk 12,888]

The foreign spouse's unmarried children under the age of twenty-one can be included in the parent's petition and receive K4 visas with the same privileges as the parent's K3 visa. However, if a child is 18 years of age or older at the time of marriage then, although the child can receive a K4 visa and enter the U.S., that child cannot obtain a green card and become a U.S. immigrant. The child's K4 visa will simply expire after two years or when the child reaches the age of 21, whichever occurs first.

http://www.catherinemayco.com/fiancee

This is correct. You can contact the Consulate and arrange for the son to follow to join our just get a K4 visa ASAP and come to the USA with you. However, the problem comes with adjusting status. He would have until age 21 or two years (I'm not sure whether its whichever comes first or comes last) to find another way to remain in the USA or go home.

A couple ways are to arrange a student visa or marry a USC.

Otherwise, he becomes the child of an LPR and immigrates that way. That takes a long time. He could, of course, do both.

Hi pushbrk

unfortunately it is not gonna be possible as we are ready to leave in a few weeks.

Do you know who should apply for his K-4 , my husband or me ?

Thank you !

PS.. thank you guys for all the replies !

Neither. The visa applicant is your son. You contact the Consulate and tell them your son wants to follow to join. Even if he wasn't listed on the I-129F, this should work. His visa must be issued within a year of when yours was. K4 is a derivative visa that uses your approved I-129F.

Again, he can come on the visa but cannot adjust status based on your marriage because he cannot get an approved I-130.

[supernova 0]

The foreign spouse's unmarried children under the age of twenty-one can be included in the parent's petition and receive K4 visas with the same privileges as the parent's K3 visa. However, if a child is 18 years of age or older at the time of marriage then, although the child can receive a K4 visa and enter the U.S., that child cannot obtain a green card and become a U.S. immigrant. The child's K4 visa will simply expire after two years or when the child reaches the age of 21, whichever occurs first.

http://www.catherinemayco.com/fiancee

This is correct. You can contact the Consulate and arrange for the son to follow to join our just get a K4 visa ASAP and come to the USA with you. However, the problem comes with adjusting status. He would have until age 21 or two years (I'm not sure whether its whichever comes first or comes last) to find another way to remain in the USA or go home.

A couple ways are to arrange a student visa or marry a USC.

Otherwise, he becomes the child of an LPR and immigrates that way. That takes a long time. He could, of course, do both.

Hi pushbrk

unfortunately it is not gonna be possible as we are ready to leave in a few weeks.

Do you know who should apply for his K-4 , my husband or me ?

Thank you !

PS.. thank you guys for all the replies !

Hi guys !

I got more information about my son.

Actually I have 3 pieces of information

1 - From Department of State saying that my son can have a DCF as my husband has Brazilian residency.

2- From a lawyer saying that he is not elegible since he was 18 and 3 months when we got married.

3 - From a different lawyer saying that he is eligible for both CR1 or DCF

Who should I believe now ?

I am going to try and call to the Consulate tomorrow and find out which information is most reliable.

We do not want to apply for a K-4 since it is going to expire in less than a year in his case.