Confused Please help

[fairbro 0]

At age 18 she is no longer considered a "child" to be supported. She is considered an "adult" that can care of herself. She can obtain a visitors visa to see the states, but cannot overstay that visitors visa.

So she is not considered a "child" to be included on Mom's fiance' visa?

I wonder if they would authorize a visitor or tourist visa so she could accompany them.

[Rings 10]

The greatest thing about America is that you don't need a visitors visa to enter, you can can visit for 3 months without cost. It's pretty cool. You can visit and leave within that time frame without hurting your status. If she is over the age of 18 she should have no problems unless she over stays.

[fairbro 0]

The greatest thing about America is that you don't need a visitors visa to enter, you can can visit for 3 months without cost. It's pretty cool. You can visit and leave within that time frame without hurting your status. If she is over the age of 18 she should have no problems unless she over stays.

Now I'm really confused...Anyone can just come to US, no visa, no problems? Isn't that illegal? And I thought the child remained a child until 21, not 18.

[fairbro 0]

The greatest thing about America is that you don't need a visitors visa to enter, you can can visit for 3 months without cost. It's pretty cool. You can visit and leave within that time frame without hurting your status. If she is over the age of 18 she should have no problems unless she over stays.

Now I'm really confused...Anyone can just come to US, no visa, no problems? Isn't that illegal? And I thought the child remained a child until 21, not 18.

Here it is, definition from travel.state.gov - "Child": Unmarried child under the age of 21 years.

Edited October 7, 2009 by fairbro

[Rings 10]

Overview of Immigration Process

A legal immigrant (or "lawful permanent resident") is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

1.You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.

2.The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

3.If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

For an excellent overview of immigration, please see the chapter and tables on immigrants in the Immigration Statistical Yearbook.

But if he/she does not want to be here.. then a visitors visa applies..

[fairbro 0]

So, definition from travel.state.gov - "Child: Unmarried child under the age of 21 years."

And then it also says:

"Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18." (whatever that means)

[fairbro 0]

1.You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.

2.The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

3.If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa

Are we reading from the same book here? They are not "my" children, until I legally adopt them, which I can't do if they are in a different part of the world, right?

[Rings 10]

So, definition from travel.state.gov - "Child: Unmarried child under the age of 21 years."

And then it also says:

"Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18." (whatever that means)

Indeed, but you said he/she didn't want to come right???

[fairbro 0]

Indeed, but you said he/she didn't want to come right???

Yeah, but I also said she may change her mind (before the interview).

[Gary and Alla 3,694]

I am so confused. So even if my fiancee is partially responsible for his 2 kids that he pays child support for, then he would have to make enough to support 5 members? That is my biggest and only question. Another question is how does co-sponsoring work? Which form is it annd how much does a co-sponsor need to make in order to qualify?

There is no way to count "partial" support. It is an outdated and useless proposition on that form which was abandoned by USCIS a long time ago. If you check that he is partially responsible his family size is still 5. There is no way in the procedures for them do count 4 and 44/100 children or something.

His family size will properly be 5. As stated, he can claim the child support income, that helps. Also since they use GROSS income they do not count against him the child support he pays, so he gets full credit for income, hence full responibility for the children.

In co-sponoring both your fiancee and a co-sponsor submit I-134s. ONE of them must meet the requirements. The co-sponsor MUST be able to support you, your fiancees children and himself and his own family. A single (unmarried co-sponsor) would still have a family size of 5.

[Gary and Alla 3,694]

So basically he needs to be able to provide for 5 people so that would be about 33k to meet the 125% requirements correct?

Asked and answered. Yes. Family of five.

[Gary and Alla 3,694]

If his paychecks are deducted for his child support through the child support enforcement agency then they will know that he pays the child support because he has to show them his paycheck stubs to prove what he makes. If he is supporting these children they WILL find out so you should not lie about it. Be honest because if you don't they will question it. Most men that pay child support are recorded through Child Support Enforcement in most states. He must show them his paycheck stubs which would show the deduction. They will question this if you are not honest. He needs to calculate the support based on ALL of the people he supports despite if they are with him full time or not. If he is not within the range on income requirements he MUST have a back up sponsor. If he takes care of 5 people and he can prove that through LEGAL documentation (by getting the report from the child support enforcement agency) then he CAN claim that he supports 5 people which would bring him into the bracket for supporting 5 people.

They are going to look at his TOTAL income AFTER deductions

Not correct. They use GROSS total income from line 22 of the income tax return and GROSS income from his checkstubs. Child support is not a deduction for tax purposes, nor is it income for tax purposes. Child support does not "show" in any way on a tax return. USCIS and the consulates WILL give him credit for the income. They DO NOT deductt for the child support. (or any other expenses, teaxes, etc) IF they did then he would not have to count the children in his family size as they would already be "paid for" He gets FULL credit in his income calculation for all money earned (inclduing child support) and gets FULL responsibility for all children in the family.

[Gary and Alla 3,694]

The greatest thing about America is that you don't need a visitors visa to enter, you can can visit for 3 months without cost. It's pretty cool. You can visit and leave within that time frame without hurting your status. If she is over the age of 18 she should have no problems unless she over stays.

Now I'm really confused...Anyone can just come to US, no visa, no problems? Isn't that illegal? And I thought the child remained a child until 21, not 18.

This thread is good evidence for the need of keyboard control and registration. rarely have I witnessed so much bad advice in one place.

There are some 35 countries + Canada (of 180) that are in the visa waiver program. Russia is not one of them.

[Gary and Alla 3,694]

At age 18 she is no longer considered a "child" to be supported. She is considered an "adult" that can care of herself. She can obtain a visitors visa to see the states, but cannot overstay that visitors visa.

So she is not considered a "child" to be included on Mom's fiance' visa?

I wonder if they would authorize a visitor or tourist visa so she could accompany them.

Check Russian law. Most countires require 18 year olds to have their own passport. NO ONE under any circumstances "travels on Mom's visa" EACH person gets their OWN visa, regardless of age, they are issued (and you pay for) K-2 visas. In some countries (inclduing Russia) children can be added to the mother's PASSPORT until age 18. My wife has in her PASSPORT, TWO Visas, one for her, one for our 14 year old. Our 18 year old had his own passport.

Do not confuse passports with visas.

EACH person has their OWN visa. EACH person is a separate visa applicant (they use ONE petition) EACH person makes a visa application, has a medical exam, pays the visa fees and pays for adjustment of status separately. In your case it is a K-1 x 3, same as I did.

[Krikit 1,165]

Posts not pertaining to the issue at hand have been removed. Please refrain from judgemental observations and stay on topic. Thank you.

This thread is good evidence for the need of keyboard control and registration. rarely have I witnessed so much bad advice in one place.

There are some 35 countries + Canada (of 180) that are in the visa waiver program. Russia is not one of them.

Canada is not part of the visa waiver program.