Applying for K-1. Can he get a visa if he has a child? The child is 15 years old.

[AngelaHallim 0]

OK so we are 42 and 43 years old. My son is 21. His daughter is 15. He lives in Morocco. I guess I just need to see what the requirements are to even get a K-1 visa. I have read so many stories in here and it seems as though there are horror stories and many reasons why people are denied. We have known each other since 2007 and I have visited 3 times. I have visa Stamps,  correspondence, and many many photos back to 2007. Can someone give me advice or give me a list of requirements for the K-1 visa. Thank you In advance.

[randomstairs 303]

The main requirement is that you intend to get married when he arrives to the US. There are other criteria for admissibility (no risk of becoming public charge, criminal history, health, etc). The rest depends on the circumstances of your case, which include this particular country. From what I gather, facts like large age difference (not your issue) or cultural inconsistencies (religion, having children from another marriage, etc) may affect the outcome of the case. But, as far as I understand, these are not requirements. 

[Chris & Pam 11]

One requirement is that you have met in person in the last two years.  I see you've been in a relationship since '07, and have met three times, but has one visit been within the last two years?

 

On the face of things, it sounds like you have a good amount of evidence to demonstrate a legitimate relationship.  Just be sure to have everything documented to show an ongoing relationship (emails, chat history, etc).

 

If memory serves me, I do believe his son will also need a visa as well.  The particular requirements, I don't know.  I'm sure others can speak to that issue authoritatively.

[Chris & Pam 11]

3 minutes ago, Chris & Pam said:

One requirement is that you have met in person in the last two years.  I see you've been in a relationship since '07, and have met three times, but has one visit been within the last two years?

 

On the face of things, it sounds like you have a good amount of evidence to demonstrate a legitimate relationship.  Just be sure to have everything documented to show an ongoing relationship (emails, chat history, etc).

 

If memory serves me, I do believe his son will also need a visa as well.  The particular requirements, I don't know.  I'm sure others can speak to that issue authoritatively.

From the DOS website:

 

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

 

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

[EandH0904 1,184]

Is he wanting to bring the child to the US? If so he needs to show he has permission from the child mother. 

 

You would file k1 for him and k1 for the child. 

 

I agree with the others too...when did you last see each other in person? Is there any reason why, in 11 years, you didnt get married? 

Edited October 4, 2018 by EandH0904

[RJandHamid 1,133]

The basic requirements for the K1 visa is that you are both free to marry and have met in person at least one within the past 2 years.

 

The fact that you have only met 3 times over the past 11 years may make things difficult to get an approval during the interview in Casablanca. What are the dates of your visits? How long were they?

[JFH 12,190]

Has he got divorced yet? 

 

 

[Boiler 45,486]

Lots of Face Tome, are you there now?

[Jeanne Adil 1,651]

age not being a factor here,   the daughter is the important thing

do you intent to bring her?  if so, summit that paperwork from mother giving the permission with your application

and you must agree to raise her in the Islam religion

I would suggest a new visit / a long viist/  and marriage in Morocco

the embassy now asks the  question "why did u not marry in Morroco?"

as it is so important to the Moroccan family to attend

You do not have to convert to Islam if you are not one to marry there

but u do need to make sure they understand this young girl will follow muslim traditions

she may find, once here, she has a choice but for interview there,  no choice

 

message me if you would like to know proceedure to marry in Morocco

 

things to know before marriage

TB is prevalent there so have him get a chest xray /  this is not normally required for the physical exam before marriage

let your head do the thinking/ not your heart / there really are too many "green card" hunters there

at this time there are thousands of young people trying to pass into Malilla, a spanish providence on the border of northern Morocco

there are few jobs in Morocco and most want out

That sounds so harsh but i have seen too many on here that post "i am going thru a divorce"

Be very sure of this relationship and hopefully u will be one of the happy ones with an honest Moroccan husband

 

https://www.nytimes.com/2018/06/30/world/europe/spain-migrants-morocco.html

 

 

Edited October 4, 2018 by adil-rafa

[Jeanne Adil 1,651]

list for K1 visa at top of homepage under guide or on USCIS homepage

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

not hard to do the necessary paperwork

[AngelaHallim 0]

6 hours ago, Chris & Pam said:

One requirement is that you have met in person in the last two years.  I see you've been in a relationship since '07, and have met three times, but has one visit been within the last two years?

 

On the face of things, it sounds like you have a good amount of evidence to demonstrate a legitimate relationship.  Just be sure to have everything documented to show an ongoing relationship (emails, chat history, etc).

 

If memory serves me, I do believe his son will also need a visa as well.  The particular requirements, I don't know.  I'm sure others can speak to that issue authoritatively.

Hi there. Thanks for the info. No that is the basis and reason for my question. He will not bring his daughter with him until she turns 18 then he would like to have her come. So that was my question can you leave on a K-1 visa if you still have a child below 18? I mean it seems like they deny for so many reasons I thought this could be a BIG reason for them to say no. If he left without the child. They might think he is trying to escape his responsability which is not the truth, But curious if someone is allowed to visa when they have a child

[Jeanne Adil 1,651]

8 minutes ago, AngelaHallim said:

Hi there. Thanks for the info. No that is the basis and reason for my question. He will not bring his daughter with him until she turns 18 then he would like to have her come. So that was my question can you leave on a K-1 visa if you still have a child below 18? I mean it seems like they deny for so many reasons I thought this could be a BIG reason for them to say no. If he left without the child. They might think he is trying to escape his responsability which is not the truth, But curious if someone is allowed to visa when they have a child

He would have to be a citzen to apply for her

she would have to remain unmarried

(look into the rules for this on aging out)

best to bring her now if possible

[RJandHamid 1,133]

The child can come over on a K-2 visa as long as they are under 21 and unmarried. Once they turn 21 or if she were to marry before coming to the US and receiving the green card, she would not be eligible for the K-2. If he does intend to bring her over, she needs to be named as his child on the I-129F petition. 

 

I don't really think that him coming to the US without the child initially would be a huge determining factor. People do leave children behind to move to the US to be with a new partner. Your biggest difficultly likely will still be proving a genuine relationship, especially since you have known him for a long time, with few visits within that time frame. Also, like someone stated above, you both need to be free to marry and legally divorced from previous partners before starting the visa process.  

[Ksenia_O 696]

9 minutes ago, RJandHamid said:

The child can come over on a K-2 visa as long as they are under 21 and unmarried. Once they turn 21 or if she were to marry before coming to the US and receiving the green card, she would not be eligible for the K-2. If he does intend to bring her over, she needs to be named as his child on the I-129F petition. 

 

Time is limited for a child to get a derivative ( K2)  visa - it's a year  from the date of  K-1 visa issuance.

But yes, to be eligible for K2 visa a child must be under 21 and unmarried. And has to enter the US BEFORE turns 21.

 

Children have to be listed in I-129F regardless if they are following a parent or not.

 

[Jeanne Adil 1,651]

3 hours ago, RJandHamid said:

The child can come over on a K-2 visa as long as they are under 21 and unmarried. Once they turn 21 or if she were to marry before coming to the US and receiving the green card, she would not be eligible for the K-2. If he does intend to bring her over, she needs to be named as his child on the I-129F petition. 

 

I don't really think that him coming to the US without the child initially would be a huge determining factor. People do leave children behind to move to the US to be with a new partner. Your biggest difficultly likely will still be proving a genuine relationship, especially since you have known him for a long time, with few visits within that time frame. Also, like someone stated above, you both need to be free to marry and legally divorced from previous partners before starting the visa process.  

need to put all children on application from both parties (even if not applying for the Moroccan to come)

they must be listed

I, the USC, had to list mine even though one was already out of the house and in the Marines