Zoom marriage - Stepchild questions

[ML834 1]

Hi there,

 

My sister is from the Dominican Republic (living there now) and is engaged to a USC living in the US. She has a 17 year old child about to turn 18 (unmarried). They are trying to figure out the best way to proceed with bringing my nephew to the US with my sister. I know it's best for them to make their own account but I offered to help with this website as English is my native language. I read the guides but have a few outstanding questions/wanted to be sure.

 

Questions:
1. If my sister and her fiance do a Utah Zoom marriage but do not meet in person before the child's birthday, does it still count as being married before the child turns 18 for the CR1 visa? They have met in person before this year, and will again later prior to filing if they go this route.

2. If they do not marry before the child turns 18, can the child still follow my sister on a K1 (K2 for him) assuming it's before he turns 21?

3. If they marry after my nephew turns 18, can my nephew still immigrate to the US with my sister if she gets a CR1? Would his stepdad apply for him with his mom or does his mom need to apply for him after she gets to the US?

I would appreciate your help and recommendations. Thanks in advance!

[aaron2020 11,651]

The USC should file an K-1 fiancee visa for your sister.  Unmarried children under age 21 can get a K-2 and immigrate.

 

With the Utah Zoom wedding, you are asking the US Embassy to determine the date of the marriage and whether your nephew would qualify.  A risky option in my opinion.  

 

[aaron2020 11,651]

40 minutes ago, ML834 said:

Hi there,

 

My sister is from the Dominican Republic (living there now) and is engaged to a USC living in the US. She has a 17 year old child about to turn 18 (unmarried). They are trying to figure out the best way to proceed with bringing my nephew to the US with my sister. I know it's best for them to make their own account but I offered to help with this website as English is my native language. I read the guides but have a few outstanding questions/wanted to be sure.

 

Questions:
1. If my sister and her fiance do a Utah Zoom marriage but do not meet in person before the child's birthday, does it still count as being married before the child turns 18 for the CR1 visa? They have met in person before this year, and will again later prior to filing if they go this route.  No one knows how the US Embassy would treat this situation.  

2. If they do not marry before the child turns 18, can the child still follow my sister on a K1 (K2 for him) assuming it's before he turns 21?  DO THIS.  K1 & K2.

3. If they marry after my nephew turns 18, can my nephew still immigrate to the US with my sister if she gets a CR1? No. Absolutely not since CR-1 does not allow for deriviatives.  Would his stepdad apply for him with his mom or does his mom need to apply for him after she gets to the US?  Stepdaddy can't file for a stepson that was 18 years old when the marriage occurred.  So mom AFTER she gets a green card would need to file for him.  Could be F2a or F2b.  2 to 7 years.

I would appreciate your help and recommendations. Thanks in advance!

 

[Daisy.Chain 317]

If the sister can marry the USC before the 18th birthday, the kid can immigrate with the mom (even after waiting a year or more to process), right? (I'm not sure, maybe someone else could chip in?)

 

Maybe they could do a Zoom wedding and then the USC could fly down even for just one day to fulfil that in-person requirement. Flights are between $500 and $600 right now is this possible, but I just read that they're cancelling some flights and could be going up

[Boiler 45,956]

Certainly an interesting one, I would assume that for immigration purpose it would be the date they met, he can not file for his spouse before then so stepchild should be the same? 
 

K would be safer

[SteveInBostonI130 3,482]

1 hour ago, Daisy.Chain said:

If the sister can marry the USC before the 18th birthday, the kid can immigrate with the mom (even after waiting a year or more to process), right? (I'm not sure, maybe someone else could chip in?)

 

Maybe they could do a Zoom wedding and then the USC could fly down even for just one day to fulfil that in-person requirement. Flights are between $500 and $600 right now is this possible, but I just read that they're cancelling some flights and could be going up

Technically, yes.

 

The marriage consummation date has no bearing on the child for immigration.  What is critical is the PD date of the I-130 application for the child.  That date has to be before the child turns 18.  The USC stepdad cannot submit the I-130 petition for the child until after he marries and consummates the marriage (meets).  Then he can submit the I-130s for the wife and child (one each).

 

If there are any hick-ups -- delayed flight, not being able to complete the forms on time, get the I-130s properly filed, etc. -- then the child will age out.  And after marriage the K1 path will not be available.

 

I almost never recommend a K1 over a CR1.  For this specific case, I reverse my normal trend and HIGHLY recommend the K1.

[belinda63 3,045]

I would go with the K-1/K-2 route. 

As stated although they would be technically married before the child turned 18 immigration does not consider it married until the marriage is consumated. This would be a limbo area for the child and if they qualify for the step-father to apply.

The immigration process is already stressful enough, don't add to it.

 

Edited February 12, 2022 by belinda63

[Adventine 3,207]

Why not just make the effort to fly ASAP to the Dominican Republic, get married online via Zoom, and file the I-130s for the wife and stepchild before the son turns 18? 

Edited February 12, 2022 by Adventine

[Daisy.Chain 317]

1 hour ago, Boiler said:

Certainly an interesting one, I would assume that for immigration purpose it would be the date they met, he can not file for his spouse before then so stepchild should be the same? 
 

K would be safer

I think that even though they met before, for marriage purposes they've to meet in person after the wedding so it can be consumated

[aaron2020 11,651]

1 hour ago, SteveInBostonI130 said:

Technically, yes.

 

The marriage consummation date has no bearing on the child for immigration.  What is critical is the PD date of the I-130 application for the child.  That date has to be before the child turns 18.  The USC stepdad cannot submit the I-130 petition for the child until after he marries and consummates the marriage (meets).  Then he can submit the I-130s for the wife and child (one each).

 

If there are any hick-ups -- delayed flight, not being able to complete the forms on time, get the I-130s properly filed, etc. -- then the child will age out.  And after marriage the K1 path will not be available.

 

I almost never recommend a K1 over a CR1.  For this specific case, I reverse my normal trend and HIGHLY recommend the K1.

The I-130 does not need to be filed before the stepchild turns 18.  The CR2/IR2 requires a marriage between the USC and parent before age 18.  It doesn't require an I-130 before age 18.  After all, the CR2 and IR2 category is for the child of a USC under age 21.

[ML834 1]

On 2/11/2022 at 7:31 PM, aaron2020 said:

The I-130 does not need to be filed before the stepchild turns 18.  The CR2/IR2 requires a marriage between the USC and parent before age 18.  It doesn't require an I-130 before age 18.  After all, the CR2 and IR2 category is for the child of a USC under age 21.

Thank you. I don't think they can marry before the birthday, which is very soon. It is helpful to know this though.

[ML834 1]

Thank you to everyone. I was confused because I know K1 is usually a second-best choice (or sometimes it seems that way on Visajourney!) as far as the cost and benefits  . They are going to go with a K1 after all in this case because although they want to marry they don't want to feel rushed at all, even if my nephew can't join them right away. At least, that is the plan right now.

[ML834 1]

On 2/11/2022 at 6:02 PM, SteveInBostonI130 said:

Technically, yes.

 

The marriage consummation date has no bearing on the child for immigration.  What is critical is the PD date of the I-130 application for the child.  That date has to be before the child turns 18.  The USC stepdad cannot submit the I-130 petition for the child until after he marries and consummates the marriage (meets).  Then he can submit the I-130s for the wife and child (one each).

 

If there are any hick-ups -- delayed flight, not being able to complete the forms on time, get the I-130s properly filed, etc. -- then the child will age out.  And after marriage the K1 path will not be available.

 

I almost never recommend a K1 over a CR1.  For this specific case, I reverse my normal trend and HIGHLY recommend the K1.

After some more research I think it's actually the marriage date, not the PD date (as long as the child is under 21 before filing, and under 18 before the marriage takes place)

Edited March 9, 2022 by ML834