Daughter of Fiancee & K1

[daryl&lada 8]

Hello. I really need some help with this. I have written a similar question a while back concerning this topic. Now that we are past the NOA2, and we are getting closer to the end of this portion of our journey, my fiance wants very much for her daughter to accompany her to the United States for the K1 visa and our marriage. The daughter is 18 years old and is attending university. She has her own flat and a boyfriend and at this point, has no desire to put any part of her life on hold for this K1 visa process. The mother however, wants to try to at least, make her aware for the benefits of doing this now and the pitfalls of trying to do this process later.

Is it possible for her to accompany her mother and return to finish her university studies without ruining her chances for obtaining her green card? How difficult will this be in terms of paperwork? If she decides to come later, (like at the end of a semester) how long can she wait before she has to start the K1 process? Can she go back and forth until she has completed her studies? She has started her second year so we are talking approximately, 2 1/2 years.

If the daughter obtains her green card and decides to marry her boyfriend in Russia later, how will this effect the process? If she does marry him, and they decide they want to go to the US, how would they attempt to do this?

She is planning a sit down discussion with the two of them concerning the importance of this opportunity. Any and all suggestions and help will be greatly appreciated.

Thanks!

[Jojo92122 1,924]

Here are her options. It's really simple: Come now, endure being in the US for a few months, and get her green card, or wait at least eight years if she wants her mom to petition for her later.

Option 1. Accompany her mother to the US on a K-2 visa as an unmarried child. After you and her mother marries, both mom and daughter will file for to adjust their status to LPR. The daughter cannot leave the US until she gets her green card or advance parole (AP). This can take months. She will have to put her life on hold. If she leaves before she gets a green card or AP, she will abandon the process and it ends.

Once she gets her green card, she can apply for a re-entry permit which will allow her to remain outside the US for up to two years.

If she marry her boyfriend, she can petition for him. Currently, it takes 2-3 years for an LPR to petition for a spouse. It could be longer or shorter in the future.

Option 2. Come later. You cannot petition for her as a stepfather because she will be over age 18 when you marry her mother. Her mother as an LPR can petition for her. However, an LPR can only petition for an unmarried daughter. She would need to stay unmarried for the entire process.

By the time her mom becomes an LPR and petitions for her, she will most likely be 21 or age out by the time a visa becomes available to her. In all likelihood, she will be in the F2b category. It currently takes about 8 years for an LPR to petition for an unmarried child over 21.

If she gets marry while her mother is an LPR, the petition is automatically revoked and ends. If she gets marry after mom becomes a US citizen, then it can convert to an F3 case where the wait is 11 years.

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IMHO, Option 1 is infinitely better if she thinks she wants to be in the US while she's young. It is much harder for older immigrants to adjust.

Edited October 15, 2011 by Jojo92122

[Boiler 46,201]

She has her own flat and a boyfriend and at this point, has no desire to put any part of her life on hold for this K1 visa process.

Sounds like she down not wish to emigrate.

Have you thought how much it would cost you if she did for he Uni Education?

[Neonred 3,654]

I think I have responded to your question previously as this was similar to what we went through.

The daughter can come on the K-2 with her mother or up to one year later (to follow) on the K-2 allowing her to finish a semester. I would strongly suggest you try to get her to come on the K-2 and then adjust status. Once she has her green card she can go back and continue to study without any problems. My step daughter came on the K-2 to follow but did not adjust status. She was not planing on living here. Later she realized it would be much better for her to live here. When she was 19 we applied for her I-130 immigration visa. She arrives in less than a month, but it has taken almost 4 years to get the visa.

Again, much easier and quicker if she comes on the K-2 and waits for her green card. Might take 3 months but ....

If she passes 21 before you apply for her I-130 it will take even longer.

If she marries her Russian boyfriend then she will be staying in Russia.

[Gary and Alla 3,694]

I think I have responded to your question previously as this was similar to what we went through.

The daughter can come on the K-2 with her mother or up to one year later (to follow) on the K-2 allowing her to finish a semester. I would strongly suggest you try to get her to come on the K-2 and then adjust status. Once she has her green card she can go back and continue to study without any problems. My step daughter came on the K-2 to follow but did not adjust status. She was not planing on living here. Later she realized it would be much better for her to live here. When she was 19 we applied for her I-130 immigration visa. She arrives in less than a month, but it has taken almost 4 years to get the visa.

Again, much easier and quicker if she comes on the K-2 and waits for her green card. Might take 3 months but ....

If she passes 21 before you apply for her I-130 it will take even longer.

If she marries her Russian boyfriend then she will be staying in Russia.

Her next opportunity to come or be a citizen would be when her mother becomes a citizen in about 4 years, give or take.

My advice, come now, get a green card, go back for school (our 20 year old son does) and get her citizenship later. DO NOT get married until then. Return to the US at least once per year and you do not need a re-entry permit.

Because she is over 18 it will be 5 yers before she cn be a citizen, at which time she could get married and bring her husband

(LPRs can file for husbands but it takes a long time)

[Jojo92122 1,924]

Her next opportunity to come or be a citizen would be when her mother becomes a citizen in about 4 years, give or take.

My advice, come now, get a green card, go back for school (our 20 year old son does) and get her citizenship later. DO NOT get married until then. Return to the US at least once per year and you do not need a re-entry permit.

Because she is over 18 it will be 5 yers before she cn be a citizen, at which time she could get married and bring her husband

(LPRs can file for husbands but it takes a long time)

There's a physical presence in the US requirement to file for naturalization. A person must be physically present in the US for at least 30 months (2.5 years) in the previous 5 years before naturalization.

It may be better for her to file for a husband while she is an LPR if she cannot meet the physical presence requirement to naturalize.

[Boiler 46,201]

To follow up that if she immigrated to the US then she would be based in the US, trips outside to finish her education could well be deemed not to risk her status.

If she was living elsewhere, another issue.

[daryl&lada 8]

Thanks for all the responses. I think Lada will be better prepared for the sit down talk.