Question about K-1 & Kids?

[Natureza 0]

I am still in the middle of this process (waiting for NVC to send to Consulate in Rio) but I've been thinking a lot lately about what the options are if my fiancee wants to bring his kids over eventually. Our kids are close in ages and really enjoy one another during all the time we have spent together over the past 3 years, but they do still primarily live with their Mother's family at this point.

We have already received the NOA2 and we did list them on all of the forms since the beginning, but we also had decided that they wouldn't be coming at this point. If down the road they want to come over and live with us, I would like to know if there are specific time limits on this? Do we need to file any additional paperwork at this stage in the game? Any feedback is much appreciated!

[Jojo92122 1,924]

Read this: http://travel.state.gov/visa/immigrants/types/types_2994.html#15

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

No. Your eligible children may receive K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

Edited April 13, 2011 by Jojo92122

[JimVaPhuong 4,863]

Read this: http://travel.state.gov/visa/immigrants/types/types_2994.html#15

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

The bolded statement above is incorrect, even though it's been on the State Department's travel site for years. I think they copied it from the K3 requirements.

A K2 derivative child can get a visa and adjust status up until they are 21 years old. The stepparent/stepchild relationship between the K2 and US citizen does NOT need to be established before the K2 is 18 years old. What K2's DON'T get is CSPA protection - their AOS must be approved before they reach 21 years of age or they will age out.

Both of my step-kids were over 18 when they got their K2 visas, and when I married their mother. Both adjusted status without any problems.