If your fiancé or fiancée has children that they intend to bring with them now, or to “follow to join” with a year, there are specific processes for each. First, to qualify as a child of a US Citizen’s fiancé or fiancée, the child must be unmarried and able to arrive in the USA in time to complete their adjustment of status to Lawful Permanent Resident before their 21st birthday. If you are in the planning stage, not yet married and one or more of your fiancé, or fiancée’s children is already age 18 or over, please call us for a free initial consultation.
Qualifying children of a US citizen’s fiancé, or fiancée never need petitions filed in their behalf, but all for foreign fiancé or fiancée’s children must be listed on the petition filed for their parent, regardless of age and regardless of immigrant intent.
Once the US Citizen’s petition for alien fiancé or fiancée has been approved, the children, follow essentially the same path as their parent, meaning nearly all the same forms, documentation and fees are required, from the time the petition is approved, until the visa is issued, and they complete adjustment of status to lawful permanent resident, in the USA, after their parent’s marriage to the US Citizen petitioner . One exception, is for Children under age 14, adjusting status at the same time as their parent, as there is a discount for their government fee, in that circumstance.
All intending immigrants will need to have a medical exam before the interview and all but infant children should attend the visa interview with their parent. Once the visas are obtained, the children have the same six month window to organize their affairs and immigrate to the USA, with, after, but not before their parent. The fiancé or fiancée visa categories will be K-1 visa for the fiance or fiancee and K-2 visa for the child.
The child can obtain their visa at the same time as the parent, and travel to the USA with the parent, or after the parent, within the six month validity of the visa. If the child will not travel at the same time or within six months of the parent receiving their visa, they can wait, receive their visa later, and follow to join their parent up to one year from the date the parent’s visa is issued. Follow to join can seem complicated and be stressful, but we are happy to handle the complication and ease the stress.
Please call for a free initial consultation, if we can help with any questions.