Step-child

[Neya 0]

Has anyone heard of a step-child being allowed on the K-1 visa as a K-2 applicant.

My guy has a stepson he has cared for for over 10 years. The son is 17 now and want to

come with his father. The boys mother is going to sign an affidavit saying she approves of the boy leaving.

This is their only child together and they have been divorced for several years. Father and son currently live together in their family home. I looked on the government web site and they define a child as:

Child: Unmarried child under the age of 21 years. A child may be natural born, step or adopted. If the child is a stepchild, the marriage between the parent and the American citizen must have occurred when the child was under the age of 18. If the child is adopted, he/she must have been adopted with a full and final adoption when the child was under the age of 16, and the child must have lived with and been in the legal custody of the parent for at least two years. An orphan may qualify as a child if he/she has been adopted abroad by an American citizen or if the American citizen parent has filed an immediate-relative (IR) visa petition for him/her to go to the United States for adoption by the American citizen.

Thanks for any help...

[Jaylen Brit 0]

The way Im reading that quote, the step child of a K1 has no legal basis for entry, being neither the natural or adopted child of the K1 beneficiary nor a step child of a USC who was previously married to the current k1 beneficiary.

My advice here would be to seek legal counsel. You can get a one hour consultation with most immigration lawyers for a small fee with no obligation to retain.

Best of luck tho

[felshen 0]

that is my impression as well... sorry