K1/K2 or AOS and apply for children after?

[S & V 59]

We started the K1/K2 process back in Sept.  My fiancee is in the states for the holidays now and I started wondering if we just married now and filed AOS how long would it take?  I would need to file for green card for her child as my family since he is still abroad for now.  My understanding is the K2 will piggyback on the K1 and is pretty straight forward as far as timeline now.  But filing for a green card for him as my step-child may take longer.  Any thoughts on which might be better?  We are pretty sure about the K1 process, and I think we have all documents and things required for it already so it's fine to wait.  But if we could save some time and money and headaches it could be worth marrying now and just doing a green card process for her child.  Thanks

Edited December 10, 2019 by S & V

[SalishSea 18,123]

4 minutes ago, S & V said:

We started the K1/K2 process back in Sept.  My fiancee is in the states for the holidays now and I started wondering if we just married now and filed AOS how long would it take?  I would need to file for green card for her child as my family since he is still abroad for now.  My understanding is the K2 will piggyback on the K1 and is pretty straight forward as far as timeline now.  But filing for a green card for him as my step-child may take longer.  Any thoughts on which might be better?  We are pretty sure about the K1 process, and I think we have all documents and things required for it already so it's fine to wait.  But if we could save some time and money and headaches it could be worth marrying now and just doing a green card process for her child.  Thanks

It wouldn't be "just a green card process" for her child, it would be a visa.  It would likely take at least a year.

 

How old is he?

 

Also, you realize that if you marry now and AOS, she won't be able to leave/be readmitted to the US or work for 6-8 months, right?  Kind of amazing that she would be able to just drop everything and move here without having loose ends (a job?!) to tie up in her home country.

[Georgia16 2,858]

If she AOS now she won't be able to leave and go home to see the child for about 6 months as she will need the AP card to reenter again.

 

The I-130 for a stepchild will take about a year.

 

Since a child os invilved I would say go home and finish the K-1/k-2 so they can come here together and don't have to be separated but that is up to you guys.

[Lucky2Lucky 2,526]

11 minutes ago, S & V said:

Any thoughts on which might be better?  We are pretty sure about the K1 process, and I think we have all documents and things required for it already so it's fine to wait.  But if we could save some time and money and headaches it could be worth marrying now and just doing a green card process for her child.  Thanks

You wouldn’t save money since you already applied for the k1. Also if you get married now she would be separated from her kid for ~half a year. Best to stick with what you started and mom and child can immigrate together.

[S & V 59]

Yes, all the things you guys mentioned were things I was contemplating.  I appreciate the concern on the other ancillary things as well.  We would save money from plane tickets at minimum, but the timing seems uncertain for the process for the child (I see some process in 5 months, then some over 12 months).  I was just curious if there was any real world experience with the timing.  I thought the K1/K2 was/is the fastest and most straight forward/safest way when also including the child.  So it was good to get some feedback to confirm.  Thanks.

[SalishSea 18,123]

2 minutes ago, S & V said:

Yes, all the things you guys mentioned were things I was contemplating.  I appreciate the concern on the other ancillary things as well.  We would save money from plane tickets at minimum, but the timing seems uncertain for the process for the child (I see some process in 5 months, then some over 12 months).  I was just curious if there was any real world experience with the timing.  I thought the K1/K2 was/is the fastest and most straight forward/safest way when also including the child.  So it was good to get some feedback to confirm.  Thanks.

I have yet to see any I-130 take only five months from start to finish.