Can we get married here?

[Kathryn41 3,205]

You will quickly learn from this site that lawyers are often the source of some very poor immigration information. It is good to 'go to the source' sometimes for better information. Here is the link to information on the USCIS (United States Citizenship and Immigration Services) website: http://www.uscis.gov...000082ca60aRCRD

Read up about K-2 visas (the visa a minor child of a K-1 fiancee visa receives) - and then read down under 'special considerations' where it explains that a K-2 child must apply for and receive adjustment of status prior to their 21st birthday. If they turn 21 before they receive their green card then they 'age' out' and are no longer eligible. Your fiancee's child is eligible right now for a K2 visa and is likely to obtain that visa plus arrive in the US and have time for you and your fiancee to marry and apply to become a permanent resident before the child turns 21. As a 19 year old, however, time is running out so you will want to start the process as soon as you can.

The cut off date for applying for a child of a spouse is 18 years. The marriage must take place before the child turns 18 - and as your fiancee's child is already 19, that option no longer exists.

Edited January 9, 2013 by Kathryn41

[aaron2020 11,651]

I am confused, we finally consulted an immigration attorney and she advised us that with the K-1 visa nancy's daughter is not able to come with to the US. I don't understand. She is over 18 but with a fiancee visa we can right?

Go find another attorney. You've gotten an idiot who doesn't understand the K-2 rules.