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Filed: Timeline
Posted

A K-4 can be issued to a child under 21 BUT the marriage has to occur before the child's 18th birthday.

Nope. Nowhere does it say that. The only qualification to be issued a K-4 visa is to be an under-21 child of a K-3, just like the only qualification to be issued a K-2 visa is to be an under-21 child of a K-1. The law is clear on that.

A K-4 would be analogous to filing for a CR-2/IR-2. A USC can file for a stepchild under age 21 if the marriage occurred before the child's 18th birthday.

Under that logic, a K-2 also cannot adjust if the marriage occured after 18, but that's not true.

The USC does not petition them; they adjust based on the already approved I-129F petition and entry on K visa. This is true for K-2s anywhere in the country, and for K-4s in the 7th circuit (currently).

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Under that logic, a K-2 also cannot adjust if the marriage occured after 18, but that's not true.

The USC does not petition them; they adjust based on the already approved I-129F petition and entry on K visa. This is true for K-2s anywhere in the country, and for K-4s in the 7th circuit (currently).

Welcome to the forum.

Agree with newacct. My then-19 year old stepson immigrated to the US as a K-2, his mother (my wife) was a K-1. Their US POE was 26 Jul 2012. They both got their 2-year conditional GCs on 30 Nov 2012. They have had their 10-year GCs since 1 June 2015. They are getting settled into American life. He will likely start working toward his citizenship after he graduates from the university later on this year. Mom will likely be his study partner at that time.

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

 

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