About the K-1 visa...............?
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About the K-1 visa...............?
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My fiance has a baby he is 3 years old, i want to know, do we have to bring the baby when she comes to the usa or can she come alone? her mom is going to take care of the baby so my fiance can get adjusted to life here, then we will go back to get her baby. can we do this? we plan on going back to the philippine asap to have a wedding ceremony for her family and to get her baby! tell me your thoughts!!
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Thanks for the info, i found out as long as she is married to me from our K-1 visa that I can apply the child for an immediate relitive greencard as long as me and my fiance marrys in the us under her K-1 before the baby is 18.
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George L
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If the child doesn't come in on the K-1 petition as a K-2, you'll end up petitioning the child later as an IR-2 since you'll be the child's stepfather. However, that would mean losing a year or more after the marriage and you file the petition for the child. You wouldn't simply be able to go to the Philippines and bring the kid back. Doesn't work that way. Also, I'm assuming you intend to marry in the US and file the immigrant petition for her there. It can take quite a while for them to process the petition and have an adjustment hearing. If you take her to the Philippines before she gets her green card, you'd need to file for Advance Parole to enable her to return. If you don't you'll end up stranding both of them in the Philippines until they get immigrant visas. |
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ansh
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SORRY I DONT KNOW............. |
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veritaslegalgroup
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The child needs his/her own as a K-2. The baby needs to come to the U.S. at teh same time as the K-1 fiance. George is correct with respect to having to file an immigrant petition for your step-child, but it has to be from your fiance, once you guys are married, and you have sponsored for her and she received a green card. That could take anywhere from 1-2 years from the date of the application. However, YOU, yourself cannot sponsor for step-child unless you formally adopted the child in the Philippines. It is quite complicated.
The best thing to do is to sponsor your fiance as a K-1 and list her child as a K-2 dependent. Once they are here in the U.S., you will need to get married and retain an attorney to assist you in filing a immigrant petition. It is more complicated than people think. Provide all evidence to show that you have a bona fide marriage and that you are cohabitating. Document your applications and set exhibits for evidence. Within the immigrant petition package, your attorney should also file an application for a travel document, advance parole. Your wife and child would then be able to travell abroad once the application is approved, which takes approximately 90 days from the date of your application. Good luck... |
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