Question about K1/K2 (split)

[Nimo 8]

6 hours ago, geowrian said:

Adoption isn't going to work here for multiple reasons. Age is just one disqualification here.

 

There's really 2 possible paths for him to immigrate in the "near" future from a technical standpoint:

1) She enters on the CR-1 visa and immediately files for him. If he is under 21 still he may be able to qualify under F2A. ETA: ~2 years currently (and certainly may change by that time). If he ages out into F2B, expect closer to 5-7 years.

2) Divorce (it must be finalized and both be free to marry) and do a K-1 visa. He qualifies as a child still so long as the visa is issued before he turns 21.*

 

*this a very highly irregular path, let alone all the disadvantages of K-1 and any possible questions that may arise about the relationship (although personally I'm not as worried about that...the circumstances can be explained).

The main issue here is a quick google search implies the timeline for a divorce in India would likely mean he turns 21 before the K-2 visa would be issued. If so....or if that is even a reasonable possibility, then this option is moot.

My daughter and I got K2&K1 visa in February.we were to travel on 16th April our government grounded all outbound and inbound international flights on 23rd march.Our flight were canceled.my daughter will be turning 21 years old on may 8th. What implications does this have on her turning 21 yrs on getting residential documents.

[milimelo 4,481]

4 minutes ago, Nimo said:

My daughter and I got K2&K1 visa in February.we were to travel on 16th April our government grounded all outbound and inbound international flights on 23rd march.Our flight were canceled.my daughter will be turning 21 years old on may 8th. What implications does this have on her turning 21 yrs on getting residential documents.

Your daughter (and you) need to enter before she turns 21 - hard and fast rule. So find a way to get into the US. 

[Unlockable 7,314]

*** Post split from other thread. Do NOT hijack other member's threads with questions about your case.

 

VJ Moderation

[geowrian 22,337]

Agreed - enter before turning 21. Then so long as the marriage occurs within 90 days of entry, AOS remains a valid path even if they turn 21 before filing.