Fiancées son is already 21 years old

[thongd4me 69]

Born late 1987, so in 2008 he was 21.

I think the answer is no, because they should be minor children.

Would putting him on the application result in it taking longer

if they reject it on that basis, or would it just be ignored because

of his age? Also the filing fees would have to include an additional

one for him, correct?

He's going to graduate soon from Chulu U (BKK equivalent of Harvard),

so if he needs to visit us in the States he might even be able to get a

visa based on his own credentials and not those of his mom and me.

[canadian_wife 1,829]

No, for a child to receive a derivative visa, such as a K-2, he/she must be under the age of 21. Or so according to http://travel.state.gov/visa/frvi/glossary...ssary_1363.html and they define 'child' as:

Child: Unmarried child under the age of 21 years.

Good luck.

[rin and john 71]

Born late 1987, so in 2008 he was 21.

I think the answer is no, because they should be minor children.

Would putting him on the application result in it taking longer

if they reject it on that basis, or would it just be ignored because

of his age? Also the filing fees would have to include an additional

one for him, correct?

He's going to graduate soon from Chulu U (BKK equivalent of Harvard),

so if he needs to visit us in the States he might even be able to get a

visa based on his own credentials and not those of his mom and me.

You will need to list her son on the I-129f, section 13. However, he will not be eligible for K-2 derivative status. If you want to have your stepson come live in the USA: once your wife has her greencard, she can petition for her son (although the wait time is significant) by filing an I-130. The petition can be upgraded once your wife has her US citizenship (3 years after her LPR is granted).

[thongd4me 69]

Born late 1987, so in 2008 he was 21.

I think the answer is no, because they should be minor children.

Would putting him on the application result in it taking longer

if they reject it on that basis, or would it just be ignored because

of his age? Also the filing fees would have to include an additional

one for him, correct?

He's going to graduate soon from Chulu U (BKK equivalent of Harvard),

so if he needs to visit us in the States he might even be able to get a

visa based on his own credentials and not those of his mom and me.

You will need to list her son on the I-129f, section 13. However, he will not be eligible for K-2 derivative status. If you want to have your stepson come live in the USA: once your wife has her greencard, she can petition for her son (although the wait time is significant) by filing an I-130. The petition can be upgraded once your wife has her US citizenship (3 years after her LPR is granted).

Thanks for the info. There's not any pressure to have him join her, but she would at least want him to visit.

If the I-130 route would take more than a few months, he might be able to get a tourist visa or a student visa.

He might be eligible to go to graduate school in the US.

Korp Khun Krap

[daboyz 36]

Probably has a pretty good shot at an F-1 (Student Visa)

[thongd4me 69]

No, for a child to receive a derivative visa, such as a K-2, he/she must be under the age of 21. Or so according to http://travel.state.gov/visa/frvi/glossary...ssary_1363.html and they define 'child' as:

Child: Unmarried child under the age of 21 years.

Good luck.

Thanks for the info. Congrats on your recent POE.

[daboyz 36]

http://travel.state.gov/visa/temp/types/types_1268.html

[thongd4me 69]

Thanks again for the other replies; he is currently interning for a major Japanese

company and will be graduating on July 10 of next year. The projected date for

our K-1 to come through would be Jan/Feb, so we will have to sort out a possible

advance parole so she can go to Thailand for his graduation. I looked at the

AP request form instructions (I-131) and noted that the K-1 isn't mentioned.

I asked about this on the Advance Parole thread, to which I give a reference,

so if you care to discuss that you can answer over there:

Advance Parole question

Many thanks to all