Stepdaughter over 18

[Road 2 Peace Arch 0]

First the background: I am getting married to Philippine citizen next year who has been working in Canada under the Canadian Caregiver program (a special 3 year work visa) which she has successfully completed. At the end of this Canadian Caregiver program, she is allowed to apply for Canadian Permanent Residency (PR) and also immigrate her unmarried daughter who is now 19 years old, from the Philippines to Canada. She has started PR process and it will naturally conclude in the spring of 2009 meaning that she will be given a Canadian PR card, as well as, her daughter will receive one once she arrives in Canada next year. Meanwhile the Canadian government will give her temporary open work status in Canada while the PR is in process so she can continue to work and live in Canada.

The dilemma and the question: For some reason, I thought there would be no US visa impact on the daughter when filing for a K3 after we are married (we are going to marry in Canada) since she is under 21 years old. Having read and re-read the K3/K4 details it appears I am mistaken. Since the daughter is now 19 and would be 20 years old when we marry and submit the form I-130 and later the I-129F she will be over the 18 year age limit and would be subject to waiting for a non-K family visa number that could possibly take 5-7 years to obtain after my wife has her status adjusted. From what I can understand, I assume the daughter could actually get a K4 visa but would lose her K status after my wife adjusts her status and would have to return to the Philippines and wait the 5-7 years for a family visa number which kind of defeats the purpose of bringing the daughter to the US on a K4 in the first place (the dilemma part).

Sorry if this is long winded, do I have the above somewhat correct? What, if any, are my options for the daughter? Naturally, I’d like to have her reside with her mother and me after we marry (or shortly after) in the US if possible but my interpretation of the visa details makes me think it’s not in the cards. Any ideas? Thanks for the help.

[pushbrk 13,073]

First the background: I am getting married to Philippine citizen next year who has been working in Canada under the Canadian Caregiver program (a special 3 year work visa) which she has successfully completed. At the end of this Canadian Caregiver program, she is allowed to apply for Canadian Permanent Residency (PR) and also immigrate her unmarried daughter who is now 19 years old, from the Philippines to Canada. She has started PR process and it will naturally conclude in the spring of 2009 meaning that she will be given a Canadian PR card, as well as, her daughter will receive one once she arrives in Canada next year. Meanwhile the Canadian government will give her temporary open work status in Canada while the PR is in process so she can continue to work and live in Canada.

The dilemma and the question: For some reason, I thought there would be no US visa impact on the daughter when filing for a K3 after we are married (we are going to marry in Canada) since she is under 21 years old. Having read and re-read the K3/K4 details it appears I am mistaken. Since the daughter is now 19 and would be 20 years old when we marry and submit the form I-130 and later the I-129F she will be over the 18 year age limit and would be subject to waiting for a non-K family visa number that could possibly take 5-7 years to obtain after my wife has her status adjusted. From what I can understand, I assume the daughter could actually get a K4 visa but would lose her K status after my wife adjusts her status and would have to return to the Philippines and wait the 5-7 years for a family visa number which kind of defeats the purpose of bringing the daughter to the US on a K4 in the first place (the dilemma part).

Sorry if this is long winded, do I have the above somewhat correct? What, if any, are my options for the daughter? Naturally, I’d like to have her reside with her mother and me after we marry (or shortly after) in the US if possible but my interpretation of the visa details makes me think it’s not in the cards. Any ideas? Thanks for the help.

The simplest option is to go the K1/K2 (fiancee) visa route to work around the age issue. Otherwise, yes the problems you describe are correct with the only somewhat viable solution being a student visa for the daughter who then would need an employment based sponsorship after college or to marry a USC.

[Road 2 Peace Arch 0]

Pushbrk,

I do not doubt you but would like some clarification on how this is specifically accomplished “work around the age issue” with regards to the K1. What is the difference between the two K visas with regards to children, in my case step children, that are over 18 and under 21? I would think both visa’s subject kids to the same entry requirements (must use a Family Visa due to age) in one way or another? In the meantime, I will read the details of the K1 visa as well. Thanks for your patience.