step son visa question

[easyukraine 1]

the step son is 18 soon to be 19. I am not sure if I can include him when I do Visa for his mother. it seems I will have to do his separate just like his mother. we will be filing next spring so I am just trying to get things sorted out.

[Gary and Alla 3,694]

the step son is 18 soon to be 19. I am not sure if I can include him when I do Visa for his mother. it seems I will have to do his separate just like his mother. we will be filing next spring so I am just trying to get things sorted out.

You can include him up to age 21 for a K-1/K-2 visa. This will be your only option if he desires to come and he will be over age 18 before you are married (he already is). ALL children can be included in the I-129f PETITION. All you have to do is list him on the petition.

He will need to have his own VISA and visa application. He MUST adjust status before he turns age 21. He cannot adjust status before your (then) wife. You can file for him to adjust status at the same time she does, or later. He will pay all visa fees, AOS fees, he needs a medical exam, police report and military papers for the visa interview. He will have to show that he is registered for military service and has a deferrment of some sort from compulsary military service (such as a student deferrment). When he arrives and receives a green card, he must then register for selective service here and receive an indefinite deferrment from Ukrainian service. Ukraine has compulsary military service of two years for all men age 18-25. During this period they are required to serve two years unless they have a deferrment or medical excuse. Without a deferrment he is expected to report for service at age 18. His obligation continues as long as he is a Ukraine citizen, regardless of if he comes to the US and becomes a resident. Ukraine CAN accept his fulfillment of the US obligation to register for the draft as acceptable to excuse him from Ukrainian service. They do not HAVE to. He must apply for a further deferrment based on being a US resident and registering for the US selective service.

Our son registered for the draft here this summer and has now returned to Moscow for school. While he was in Ukraine visiting Babushka for the last two weeks, he went to the military department there, gave copies of his US green card and military registration and applied for the deferrment. He previously had a deferrment until 2013 as a student.

These things all took several weeks to complete, so allow for this. He will also need his own international passport. Persons over age 18 cannot be listed in their parents passport in Ukraine.

Our youngest son was 13 when he came with Alla, the older one was 18 when he came 10 months later.

You do not state, but if you are already married, then you will have to do a separate petition for him (I-130) and can do this ONLY if you married his mother before he turned 18. This is one of the advantages of the K-1 visa over the CR-1

Edited September 9, 2010 by Gary and Alla

[easyukraine 1]

I guess were doing the k-1 visa then. good thing I asked we were planning to get married in the spring in Ukraine. he has deferment for education right now. also has passport (international) just need all the rest the same as her.

Edited September 9, 2010 by easyukraine

[Gary and Alla 3,694]

I guess were doing the k-1 visa then. good thing I asked we were planning to get married in the spring in Ukraine. he has deferment for education right now. also has passport (international) just need all the rest the same as her.

Yes, if he will be coming along (or thinks he might want to) then you need to do the K-1/K-2. The K-1 is valid for 6 months from issuance and takes about 4-5 months to process. So back up from your planned "move date" and then you can decide when to file. Maybe now! Since there is no need to marry first, you could file the I-129f tomorrow and plan for them to come in 6-12 months from now. You must have met in person at least once within two years of filing the petition. He does NOT have to be issued a visa at the same time as your fiancee. he can get his visa up to 1 year later, BUT he needs to have time to adjust status before age 21. Doesn't sound like a problem if he is 18 now. Alla had her visa issued in August and our older son had his issued the next June.

If he already has his deferrment...great. You no longer need it translated for Kiev. Sounds like he is good to go. Just make SURE you list him as a child on the I-129f and you are done until the visa interview time. He does not need a G-325a, passport photo or anything else for the I-129, just list his name on the document.

[easyukraine 1]

thanks I fly out to see her again in 2 weeks, I will have to get it started when I get back.

[Darnell 8,479]

*** not a K-3 visa topic - moving to K-1 forum ***

[easyukraine 1]

ok last question. how do I file for his visa..

[payxibka 10,047]

ok last question. how do I file for his visa..

You do not... When the time comes, he will submit an application at the same time as moms... your obligation is to list him by name on the I-129F

[Gary and Alla 3,694]

You do not... When the time comes, he will submit an application at the same time as moms... your obligation is to list him by name on the I-129F

Correct. For now just list him on the petition. When the interview time comes he will also have an interview and apply for a visa just as your fiancee. It is "Fiancee x 2"

(see post number 2 above)