Fiance's daughter K-2 question.

[ColoradoVinny 1]

Hello,

I will be applying for my fiance to come to the USA and marry me. She has a 15-year old daughter who does not intend to come now. If I include her name in the application will she be able to immigrate in the future due to CSPA, even after she turns 21? If my future wife becomes an American citizen, does that still hold? Is an additional application required to "freeze" her age as a minor?
Thanks!!

[geowrian 22,337]

All children are to be declared in the petition and DS-160. If the child is not immigrating yet, then she just doesn't fill out a DS-160 for the child.

 

The I-129F will let her get a K-2 for up to 1 year after the K-1 visa is issued. After that, she must be petitioned separately via an I-130.

 

Now, this is where you can hit some hiccups. In order for you, the USC, to petition for her as a stepchild, you must marry her mother before she turns 16. Marry her a day late and only her mother can petition for her.

If you do marry before she turns 16, you can petition her at any point up until she turns 21. ETA: ~1 year from filing to CR-2/IR-2 visa.

If you do not marry before she turns 16, then the mother has to petitioner for her, which she can only do after she gets the green card (after AOS is approved). Then it's about a 2 year wait currently from filing to interview since she would be in the F2A preference category. She must remain unmarried.

 

As for CSPA, this changes based on who files for her. If the petitioner is a USC then her age freezes as of when the I-130 is filed. However, she must still seek to acquire permanent residency within 1 year. She can't let the approved I-130 sit until she's 22 or older and then try to proceed.

If her mother files for her and she becomes a USC, the I-130 can be upgraded at that point. Her age will freeze as of the date the mother gained US citizenship. Same rules as above then apply.

The her mother does NOT becomes a USC, the time spent while the mother's I-130 was filed but not yet approved would be deducted from the child's age to determine if she falls into F2A (under 21) or F2B (21 and over). She must still seek to acquire permanent residency within 1 year of becoming eligible for an immigrant visa.

https://www.uscis.gov/greencard/child-status-protection-act

Edited November 11, 2017 by geowrian

[ColoradoVinny 1]

8 minutes ago, geowrian said:

Thank you so much! So, I guess this wouldn't apply to me. Her daughter currently is 15 and does not have intention to come here to the USA at the moment. What I'd like to do is have a groundwork set in case she decided to come in the future. So, she wouldn't be able to come when she's like 28 and unmarried simply because I as an USC added her name to the K-1 application, correct?
Thanks again!

 

 

 

All children are to be declared in the petition and DS-160. If the child is not immigrating yet, then she just doesn't fill out a DS-160 for the child.

 

The I-129F will let her get a K-2 for up to 1 year after the K-1 visa is issued. After that, she must be petitioned separately via an I-130.

 

Now, this is where you can hit some hiccups. In order for you, the USC, to petition for her as a stepchild, you must marry her mother before she turns 16. Marry her a day late and only her mother can petition for her.

If you do marry before she turns 16, you can petition her at any point up until she turns 21. ETA: ~1 year from filing to CR-2/IR-2 visa.

If you do not marry before she turns 16, then the mother has to petitioner for her, which she can only do after she gets the green card (after AOS is approved). Then it's about a 2 year wait currently from filing to interview since she would be in the F2A preference category. She must remain unmarried.

 

As for CSPA, this changes based on who files for her. If the petitioner is a USC then her age freezes as of when the I-130 is filed. However, she must still seek to acquire permanent residency within 1 year. She can't let the approved I-130 sit until she's 22 or older and then try to proceed.

If her mother files for her and she becomes a USC, the I-130 can be upgraded at that point. Her age will freeze as of the date the mother gained US citizenship. Same rules as above then apply.

The her mother does NOT becomes a USC, the time spent while the mother's I-130 was filed but not yet approved would be deducted from the child's age to determine if she falls into F2A (under 21) or F2B (21 and over). She must still seek to acquire permanent residency within 1 year of becoming eligible for an immigrant visa.

https://www.uscis.gov/greencard/child-status-protection-act

 

[Jeanne Adil 1,651]

and we do not know the country she is from but some US embassies don't approve a visa when they realize the woman is planning to leave a child behind

best to add her now

[aleful 1,905]

Spoiler

 

the age for marrying mom is under 18 not 16. you must marry her mom before she is 18 and file the i130 for her before she is 21,  to file for her as a minor

 

if you file for her over 21, then it will take years for her to come

 

 

[ColoradoVinny 1]

3 minutes ago, aleful said:

 

Thank you so much! So, I guess this wouldn't apply to me. Her daughter currently is 15 and does not have intention to come here to the USA at the moment. What I'd like to do is have a groundwork set in case she decided to come in the future. So, she wouldn't be able to come when she's like 28 and unmarried simply because I as an USC added her name to the K-1 application, correct?
Thanks again!

2 minutes ago, aleful said:

Thank you!!

 

[ColoradoVinny 1]

She is from Brazil and has 2 kids. The dad has the guard of the daughter and she plans on bringing the son. Should that be a problem?

[aleful 1,905]

4 minutes ago, ColoradoVinny said:

 

hi

 

you will add her in all the forms where children are required to be named, not only for the k1 visa but for the adjustment of status, any children that she has, whether they come or not have to be included

 

now for you to be able to petition her in the future you would have to marry her mom before she turns 18, but  why wait until that age?

 

over 21 now is taking over 7 years of waiting, that is for unmarried children, if she marries the wait would be 12 to 13 years

 

everything over 21 takes a long time.

 

you should file for her before she turns 21

[geowrian 22,337]

21 minutes ago, ColoradoVinny said:

Thank you so much! So, I guess this wouldn't apply to me. Her daughter currently is 15 and does not have intention to come here to the USA at the moment. What I'd like to do is have a groundwork set in case she decided to come in the future. So, she wouldn't be able to come when she's like 28 and unmarried simply because I as an USC added her name to the K-1 application, correct?
Thanks again!

Either way, the petition is asking about all children so you must list them even if they aren't coming with her.

 

Under current law, she can be petitioned at age 28 still. But it will take about 8-10 years. This category (adult sons/daughters) is also regularly mentioned as being on the chopping block if there is immigration reform. I'm not saying it is likely or anything liek that, but it is something to be aware of.

 

16 minutes ago, aleful said:

  Reveal hidden contents

 

the age for marrying mom is under 18 not 16. you must marry her mom before she is 18 and file the i130 for her before she is 21,  to file for her as a minor

 

if you file for her over 21, then it will take years for her to come

OMG! Wow...brain fart there. Yes, it's age 18 for a stepchild to be recognized, not 16. Don't ask...it's been a long day. I need some coffee...

Thank you for picking up on that!!!

[aleful 1,905]

1 minute ago, geowrian said:

Either way, the petition is asking about all children so you must list them even if they aren't coming with her.

 

Under current law, she can be petitioned at age 28 still. But it will take about 8-10 years. This category (adult sons/daughters) is also regularly mentioned as being on the chopping block if there is immigration reform. I'm not saying it is likely or anything liek that, but it is something to be aware of.

 

OMG! Wow...brain fart there. Yes, it's age 18 for a stepchild to be recognized, not 16. Don't ask...it's been a long day. I need some coffee...

Thank you for picking up on that!!!

jajja!! that makes two of us long day and coffee needed!!!!

 

 

[ColoradoVinny 1]

1 minute ago, geowrian said:

Ok, thanks!! So under current law, the fact that I add her to the K-1 petition does it not freeze her status as "child" for whenever she decides to come due to CSPA? Thanks again!!

 

 

[aleful 1,905]

40 minutes ago, geowrian said:

Either way, the petition is asking about all children so you must list them even if they aren't coming with her.

 

Under current law, she can be petitioned at age 28 still. But it will take about 8-10 years. This category (adult sons/daughters) is also regularly mentioned as being on the chopping block if there is immigration reform. I'm not saying it is likely or anything liek that, but it is something to be aware of.

 

OMG! Wow...brain fart there. Yes, it's age 18 for a stepchild to be recognized, not 16. Don't ask...it's been a long day. I need some coffee...

Thank you for picking up on that!!!

jajja!! that makes two of us long day and coffee needed!!!!

 

 

[aleful 1,905]

CSPA doesn't apply for fiancé visa

 

never has, never will, it is meant to file for fiancés children under 21 as immediate relatives.

 

it doesn't carry over to any other petition

[ColoradoVinny 1]

1 hour ago, aleful said:

Thank you so much!!

 

 

[NikLR 13,227]

Once she turns 18, you or her mother can file for her and she doesnt need her  father's permission to move either.  If she is here before she is 18 and her mother is already a citizen, or becomes one before her daughter turns 18 and is an LPR also, the daughter will automatically become one as well.   (Same goes foe the son.)  However, not to burst any bubbles, the mother may need the father's consent for the son to immigrate so be prepared for that.  

Edited November 11, 2017 by NikLR