Adult child of fiancée

[thongd4me 69]

Her adult child (over 21) was listed in part B, line 13 of the I-129F.

In the DS-156 he is also listed, but I think for him the "will accompany" and "will follow" boxes

both have to be NO, because he is a university student (soon to graduate) and has no immediate plans

to accompany or follow her as part of the K-1 process. In her first draft she checked "will follow" as yes,

but I think that has to be changed to no.

In any case, he will be the Thai equivalent of a Harvard grad, so to get him here for a visit or work or study

should not be too difficult later, regardless of his mom's status as a GC holder.

Edited September 6, 2009 by thongd4me

[aaron2020 11,651]

Her adult child (over 21) was listed in part B, line 13 of the I-129F.

In the DS-156 he is also listed, but I think for him the "will accompany" and "will follow" boxes

both have to be NO, because he is a university student (soon to graduate) and has no immediate plans

to accompany or follow her as part of the K-1 process. In her first draft she checked "will follow" as yes,

but I think that has to be changed to no.

In any case, he will be the Thai equivalent of a Harvard grad, so to get him here for a visit or work or study

should not be too difficult later, regardless of his mom's status as a GC holder.

Your fiancee's son should be listed when asked if she has any children. She will list that he is not "follow" as he does not qualify to do so. A child over 21 does not qualify to follow on a K1 visa. Only unmarried children under age 21 qualifies to follow.

You can never petition for your future step-son as the marriage that established the step-parent/step-child relation occurred after the step-child's 18th birthday.

Once your fiancee becomes a LPR, she can petition for her son in the F2b family based preference category (LPR petitioning for an unmarried child) which takes about 7-8 years to get a visa. If he gets married before your fiancee becomes a USC, the petition is automatically withdrawn as a LPR cannot petition for a married child. Once your fiancee becomes a USC, he can get married and he would be moved to the F3 category and his wife and children would all be eligible for visas.

Your future step-son may find it difficult to get a visitor visa due to his circumstances. Mom is in the US as an LPR, he's young, he does not have a wife or children back home. This makes him a potential illegal immigrant. Your step-son would need to apply on his own for a visitor visa. A personal guarantee from you that he would return home after his visitor visa expires will not be considered by the consulate issuing the visa.

A work visa is not easy to get. He must be highly skilled and any US company that hires him would need to apply for the work visa. They would have to certify that a US worker was not available to do the job. Individuals cannot apply on their own for a work visa; nor can their family help them obtain on. Only a US employer can petition for a work visa.

Studying in the US can be expensive. Since your step-son is enrolled in the Harvard of Thailand, he would most likely enter a US graduate program. It's unlikely that he would get a student visa to study at a community college or for another bachelor degree. US graduate programs are not cheap. Unless you are a US citizen or being sponsored by a foreign government, it is in the high $20-$30K tuition per year. A foreign student must show enough resources for a full course of study.

I am not trying to be negative on your situation. Immigrant and non-immigrant visas to the US are hard to obtain. Do your research and don't expect the process to be easy.

[thongd4me 69]

Her adult child (over 21) was listed in part B, line 13 of the I-129F.

In the DS-156 he is also listed, but I think for him the "will accompany" and "will follow" boxes

both have to be NO, because he is a university student (soon to graduate) and has no immediate plans

to accompany or follow her as part of the K-1 process. In her first draft she checked "will follow" as yes,

but I think that has to be changed to no.

In any case, he will be the Thai equivalent of a Harvard grad, so to get him here for a visit or work or study

should not be too difficult later, regardless of his mom's status as a GC holder.

Your fiancee's son should be listed when asked if she has any children. She will list that he is not "follow" as he does not qualify to do so. A child over 21 does not qualify to follow on a K1 visa. Only unmarried children under age 21 qualifies to follow.

You can never petition for your future step-son as the marriage that established the step-parent/step-child relation occurred after the step-child's 18th birthday.

Once your fiancee becomes a LPR, she can petition for her son in the F2b family based preference category (LPR petitioning for an unmarried child) which takes about 7-8 years to get a visa. If he gets married before your fiancee becomes a USC, the petition is automatically withdrawn as a LPR cannot petition for a married child. Once your fiancee becomes a USC, he can get married and he would be moved to the F3 category and his wife and children would all be eligible for visas.

Your future step-son may find it difficult to get a visitor visa due to his circumstances. Mom is in the US as an LPR, he's young, he does not have a wife or children back home. This makes him a potential illegal immigrant. Your step-son would need to apply on his own for a visitor visa. A personal guarantee from you that he would return home after his visitor visa expires will not be considered by the consulate issuing the visa.

A work visa is not easy to get. He must be highly skilled and any US company that hires him would need to apply for the work visa. They would have to certify that a US worker was not available to do the job. Individuals cannot apply on their own for a work visa; nor can their family help them obtain on. Only a US employer can petition for a work visa.

Studying in the US can be expensive. Since your step-son is enrolled in the Harvard of Thailand, he would most likely enter a US graduate program. It's unlikely that he would get a student visa to study at a community college or for another bachelor degree. US graduate programs are not cheap. Unless you are a US citizen or being sponsored by a foreign government, it is in the high $20-$30K tuition per year. A foreign student must show enough resources for a full course of study.

I am not trying to be negative on your situation. Immigrant and non-immigrant visas to the US are hard to obtain. Do your research and don't expect the process to be easy.

Although it does present challenges, that's the kind of answer I like, nothing sugar-coated.

He's already had one internship with a major Japanese company.

We'll worry about crossing to that bridge when we come to it,

as he is not likely to be dependent on her and can stand on his own two feet.

Even if getting him a visa becomes a royal headache, I won't ever want to spend the entire year in the US once I'm retired.

We will have adequate chances to visit him. He might even be working in Japan in a year or two.

I know that SHE would have to petition for him, but I didn't know that I couldn't be a guarantor.

Many thanks. We'll get through this somehow. B)

[aaron2020 11,651]

Her adult child (over 21) was listed in part B, line 13 of the I-129F.

In the DS-156 he is also listed, but I think for him the "will accompany" and "will follow" boxes

both have to be NO, because he is a university student (soon to graduate) and has no immediate plans

to accompany or follow her as part of the K-1 process. In her first draft she checked "will follow" as yes,

but I think that has to be changed to no.

In any case, he will be the Thai equivalent of a Harvard grad, so to get him here for a visit or work or study

should not be too difficult later, regardless of his mom's status as a GC holder.

Your fiancee's son should be listed when asked if she has any children. She will list that he is not "follow" as he does not qualify to do so. A child over 21 does not qualify to follow on a K1 visa. Only unmarried children under age 21 qualifies to follow.

You can never petition for your future step-son as the marriage that established the step-parent/step-child relation occurred after the step-child's 18th birthday.

Once your fiancee becomes a LPR, she can petition for her son in the F2b family based preference category (LPR petitioning for an unmarried child) which takes about 7-8 years to get a visa. If he gets married before your fiancee becomes a USC, the petition is automatically withdrawn as a LPR cannot petition for a married child. Once your fiancee becomes a USC, he can get married and he would be moved to the F3 category and his wife and children would all be eligible for visas.

Your future step-son may find it difficult to get a visitor visa due to his circumstances. Mom is in the US as an LPR, he's young, he does not have a wife or children back home. This makes him a potential illegal immigrant. Your step-son would need to apply on his own for a visitor visa. A personal guarantee from you that he would return home after his visitor visa expires will not be considered by the consulate issuing the visa.

A work visa is not easy to get. He must be highly skilled and any US company that hires him would need to apply for the work visa. They would have to certify that a US worker was not available to do the job. Individuals cannot apply on their own for a work visa; nor can their family help them obtain on. Only a US employer can petition for a work visa.

Studying in the US can be expensive. Since your step-son is enrolled in the Harvard of Thailand, he would most likely enter a US graduate program. It's unlikely that he would get a student visa to study at a community college or for another bachelor degree. US graduate programs are not cheap. Unless you are a US citizen or being sponsored by a foreign government, it is in the high $20-$30K tuition per year. A foreign student must show enough resources for a full course of study.

I am not trying to be negative on your situation. Immigrant and non-immigrant visas to the US are hard to obtain. Do your research and don't expect the process to be easy.

Although it does present challenges, that's the kind of answer I like, nothing sugar-coated.

He's already had one internship with a major Japanese company.

We'll worry about crossing to that bridge when we come to it,

as he is not likely to be dependent on her and can stand on his own two feet.

Even if getting him a visa becomes a royal headache, I won't ever want to spend the entire year in the US once I'm retired.

We will have adequate chances to visit him. He might even be working in Japan in a year or two.

I know that SHE would have to petition for him, but I didn't know that I couldn't be a guarantor. Between you and your fiancee, only she can petition for him. Their relationship forms the basis as to whether she can petition for him or not. Once his case if nears it end (7-8 years), you can be the "financial sponsor" - meaning you guarantee on the Affidavit of Support (I-864 or I-864a) that you would reimburse the government for any means-based assistance he would receive (welfare). The AOS does not establish the basis for the petition, only a financial guarantee for the taxpayers.

Many thanks. We'll get through this somehow. B)