Marriage with older children

[JulzGhen 56]

My fiancee and her daughter will be coming eventually.  Question-her daughter will be 17, what happens when she turns 18.  I want her to go to school her after highschool.  Do I need to adopt her or do more paperwork to keep her here once they come?

[Cyberfx1024 7,980]

23 minutes ago, JulzGhen said:

My fiancee and her daughter will be coming eventually.  Question-her daughter will be 17, what happens when she turns 18.  I want her to go to school her after highschool.  Do I need to adopt her or do more paperwork to keep her here once they come?

Well the first thing you got to do is decide if you are going to file either a K1 Fiance visa or a CR1 Marriage visa. The K1 visa is for your fiancee to come here and y'all get married, the CR-1 visa is if you get married and then you want to file for her. Once you file for her you can add the daughter as well as long as the mother has consent from the daughter's father. 

[Unlockable 7,314]

When does she turn 18 and when are you getting married? Circumstances changes for the daughter if you marry her mother after her 18th birthday.

[Transborderwife 4,666]

If you do not file soon, she'll be too old to bring over.  Adoption for citizenship is too late in her case.

[JulzGhen 56]

I'm doing the k1, it's in the process now.  She will be turning 17 this fall, should be about the time they come if all goes well.  So yes I plan to marry way before she turns 18.  But just cause I marry her mother does that mean she can stay when she turns 18.

[Transborderwife 4,666]

Just now, JulzGhen said:

I'm doing the k1, it's in the process now.  She will be turning 17 this fall, should be about the time they come if all goes well.  So yes I plan to marry way before she turns 18.  But just cause I marry her mother does that mean she can stay when she turns 18.

Are you filing a k2?

[Jojo92122 1,924]

If you are brining her over on a K-2 with her mom, then turning 18 is not a problem.  She adjusts status with her mom.  A K-2 visa holder who enters the US before age 21 can adjust status.

[Unlockable 7,314]

In your initial post you stated that you want your wife's daughter to go to school here after highschool.

 

It reads as if you want the daughter to finish school in her country then migrate here. Which is why people are asking are filing a K2 for the daughter. 

 

Please clarify.

[Ksenia_O 696]

1 hour ago, JulzGhen said:

My fiancee and her daughter will be coming eventually.  Question-her daughter will be 17, what happens when she turns 18.  I want her to go to school her after highschool.  Do I need to adopt her or do more paperwork to keep her here once they come?

Your timeline says K1, so I'm assuming your fiancee's daughter will be  K2 visa holder (she is listed in your I-129F, right?). 

In this case you just have to file AOS and for K2 , to keep her in the country. And don't worry about age - a K2 is safe as long as enters the US before K2 turns 21. Just keep in mind a K2 is eligible for the visa only one year since K1's visa was issued. 

 

Are they(your Fiancee and her daughter) planning to get their visas and  enter the country at the same time? 

 

Edited May 4, 2017 by Ksenia_O

[JulzGhen 56]

Yes they will be coming together.  Daughter will continue highschool when she gets here.  I filled k1 with daughter on the paperwork listed.

Just wondering how long the daughter can stay with her coming on mom's k1.  Surely at some point she would have to do something to remain in USA, just wanna be prepared before anything happens.

[Transborderwife 4,666]

4 minutes ago, JulzGhen said:

Yes they will be coming together.  Daughter will continue highschool when she gets here.  I filled k1 with daughter on the paperwork listed.

Just wondering how long the daughter can stay with her coming on mom's k1.  Surely at some point she would have to do something to remain in USA, just wanna be prepared before anything happens.

K2s will need an AOS just like the k1.

[Ksenia_O 696]

10 minutes ago, JulzGhen said:

Yes they will be coming together.  Daughter will continue highschool when she gets here.  I filled k1 with daughter on the paperwork listed.

Just wondering how long the daughter can stay with her coming on mom's k1.  Surely at some point she would have to do something to remain in USA, just wanna be prepared before anything happens.

 

Just to clarify... She won't be coming on "mom's" K1 visa. Yes, a K2 is derivative visa - visa for a child of an approved fiance(e), but the girl will have her "own" , K2 visa. It means two medical exam fees (for K1 & K2), two visas fee - again, for K1 & K2.

After they arrived and you, guys, got married, you have to submit AOS paperwork - for BOTH, K1 & K2. 

 

Edited May 4, 2017 by Ksenia_O

[Cyberfx1024 7,980]

1 hour ago, JulzGhen said:

Yes they will be coming together.  Daughter will continue highschool when she gets here.  I filled k1 with daughter on the paperwork listed.

Just wondering how long the daughter can stay with her coming on mom's k1.  Surely at some point she would have to do something to remain in USA, just wanna be prepared before anything happens.

 

You will have to file for AOS for both once they get here and you get married to the mother. Once y'all get married you can file AOS paperwork. The daughter will not have to go back to Pinas at all unless she wants too. 

 

Where in the Philippines is your fiancee from?

[JulzGhen 56]

Thank you everyone for your answers, and thanks for the he information.  I can feel at ease once again :).

[Cyberfx1024 7,980]

4 minutes ago, JulzGhen said:

Thank you everyone for your answers, and thanks for the he information.  I can feel at ease once again :).

That's why we are here to help ease the immigration stress. We are a hell of a lot cheaper than a attorney.