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artie in miami

fiance's son ?? (merged)

By artie in miami in What Visa Do I Need - Family Based Immigration

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artie in miami Newbie

artie in miami   0

Posted
Filed: Other Country: Bolivia
 Timeline
Posted

My fiancé is from Bolivia and has a son that is nearly 18 yrs old. I checked on the Immigration website and as I read the instructions, when I marry her, she can bring her son as long as he is under 21 yrs of age. A lawyer in Bolivia told my fiancé that he must be under 18 yrs of age to come to the USA to live with us. Can anyone shed some light on this ??

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hi,

There is a disconnect in US immigration law. You don't need to make sense of it, you just need to accept it.

If you marry mom in Bolivia and her child is over 18, then you can not petition for him as a stepparent.

If you bring mom to the US on a K-1, then her child under 21 can come with her on a K-2 visa.

Once he turns 18, the K-2 is the only option to immigrate with his mom. Otherwise, it will take years for her to petition him for a green card.

Best of luck.

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

The marriage to his mother would have to have happened BEFORE the son turned 18.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Greenbaum Grand Master

Greenbaum   12,259

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

On a K-1 visa (son would have a K2 as you will file both he and mom on the 129f) the son can enter the US up until 21 years of age. BTW you can do the visa yourself and not use a lawyer. Just ask you questions her in VJ and you will get good advice (sometimes confusing but it all works out). Spend some time in your country's sub-forum here on VJ. Link is below.

http://www.visajourney.com/forums/forum/96-mexico-latin-south-america/

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

  • 3 months later...
artie in miami Newbie

artie in miami   0

Posted
Filed: Other Country: Bolivia
 Timeline
  • Author
Posted

My fiancé and her 17 year old son are coming from Bolivia in January on tourist visas....if we marry while they are here...can the son stay ? I ask because I was told 18 yrs is the cut off age for child. She does not want to wait for the fiancé visa

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

What would their purpose of visit be?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

lost_at_sea Experienced

lost_at_sea   995

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

There's a lot to unpack in your question.

Are you intending for them to enter the USA on tourist visas with the intent to marry and Adjust Status (stay, and not leave)? If so, that would be fraud. They should apply for the I-129f/K1 if you'd like to do that (marry, have them not have to leave).

If, instead, they are entering on tourist visas with the intent to marry, and then going back to Bolivia to file the I-130/CR-1, then that's fine.

Either way, you're able to have her child apply too.

Which path are you going down?

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London
7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production
27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed
26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

My fiancé and her 17 year old son are coming from Bolivia in January on tourist visas....if we marry while they are here...can the son stay ? I ask because I was told 18 yrs is the cut off age for child. She does not want to wait for the fiancé visa

It is the fiance visa, or an even longer wait for the spousal visa. Either way she has to wait. 18 years is the cutoff age for the child to what? Visit? Not true!

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Ben&Zian Experienced

Ben&Zian   4,398

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

She doesn't want to wait for the fiance visa...

Have you already submitted the petition for this?

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Boiler Grand Master

Boiler   46,031

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

:pop:

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You asked the question about your fiancée's son in August. The answer hasn't changed since then.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

http://www.visajourney.com/forums/topic/604691-fiances-son/

Looks like he is now going to marry and have the wife AOS while here and is trying to see if the son can be added. Problem is the son is over 18.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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