Tough Question - Rephrased

[Silver358 0]

I think I incorrectly phrased my question yesterday. My question is:

If a USC marries an immigrant with a child who is 18 (but under 21 at time of marriage)...

What happens when that child comes to the U.S. on a K-4? Again, the child was 18 when his parent married the USC...

Is he only entitled to hang around until the I-94 expires? Must he then go right back to his home country because he was 18 when his parent married the USC?

Why was he granted the K4 in the first place if he'll be allowed to enter, but have to leave just as soon as the I-94 expires?

(I assume that's what happens when a child who was 18 y/o at the time of marriage applies for a K4).

I was just curious about this fact scenario...

[Mononoke28 135]

I'm not sure if the age matters at the time of marriage but at the time of US entry.

[pushbrk 12,899]

I think I incorrectly phrased my question yesterday. My question is:

If a USC marries an immigrant with a child who is 18 (but under 21 at time of marriage)...

What happens when that child comes to the U.S. on a K-4? Again, the child was 18 when his parent married the USC...

Is he only entitled to hang around until the I-94 expires? Must he then go right back to his home country because he was 18 when his parent married the USC?

Why was he granted the K4 in the first place if he'll be allowed to enter, but have to leave just as soon as the I-94 expires?

(I assume that's what happens when a child who was 18 y/o at the time of marriage applies for a K4).

I was just curious about this fact scenario...

This is an entirely different question, for sure. The problem is with adjusting status. The result of earlier discussions was that in order to avoid unlawful status, such a child would need to marry a USC before they turn 21 or manage to get a student visa, then a sponsored job in the US.

A further complication is that the parent cannot pursue an immigrant visa. K4 only works with K3.

[pushbrk 12,899]

I'm not sure if the age matters at the time of marriage but at the time of US entry.

Yes, the complicating issue is that the step-parent relationship was established after the child's 18th birthday, so age at time of marriage is the complication.

[morretti 0]

I think I incorrectly phrased my question yesterday. My question is:

If a USC marries an immigrant with a child who is 18 (but under 21 at time of marriage)...

What happens when that child comes to the U.S. on a K-4? Again, the child was 18 when his parent married the USC...

Is he only entitled to hang around until the I-94 expires? Must he then go right back to his home country because he was 18 when his parent married the USC?

Why was he granted the K4 in the first place if he'll be allowed to enter, but have to leave just as soon as the I-94 expires?

(I assume that's what happens when a child who was 18 y/o at the time of marriage applies for a K4).

I was just curious about this fact scenario...

I'm confused by this too. My son was over 18 when my husband (a USC) and I married, so there is no recognised step-parent relationship between them. My son would like to come with me to the US and I hoped that would be possible for him to do so on a K-4 visa, with my K-3, as he is under 21. I've read quite a bit about it all, but am still non the wiser.

[pushbrk 12,899]

I think I incorrectly phrased my question yesterday. My question is:

If a USC marries an immigrant with a child who is 18 (but under 21 at time of marriage)...

What happens when that child comes to the U.S. on a K-4? Again, the child was 18 when his parent married the USC...

Is he only entitled to hang around until the I-94 expires? Must he then go right back to his home country because he was 18 when his parent married the USC?

Why was he granted the K4 in the first place if he'll be allowed to enter, but have to leave just as soon as the I-94 expires?

(I assume that's what happens when a child who was 18 y/o at the time of marriage applies for a K4).

I was just curious about this fact scenario...

I'm confused by this too. My son was over 18 when my husband (a USC) and I married, so there is no recognised step-parent relationship between them. My son would like to come with me to the US and I hoped that would be possible for him to do so on a K-4 visa, with my K-3, as he is under 21. I've read quite a bit about it all, but am still non the wiser.

Same situation, so same answer. He can come as a K4, but has to find another way to adjust status or leave, to avoid unlawful presence.