K1 and K2 Visa. must we marry in usa b4 childs 18th birthday?
Question by : k1 and k2 visa. must we marry in usa b4 childs 18th birthday?
My fiancee and her child has been issued a K1 and K2 Visa. I know we must marry within 90 days of entry. but do we have to marry before the childs 18th birthday? or is it 21st. birthday. in order for the child to be allowed to stay in the U.S.A. with us?
Best answer:
Answer by Fred S
It’s under 21. Here’s a quote from a CIS memo:”Officers should NOT limit the adjustment of status of K-2 aliens to persons under the age of 18 based on the term “minor child” as it appears in 245(d). The INA does not define the term “minor child.” Section 101(b)(1) defines the term “child” as “an unmarried person under twenty-one years of age.” Consequently, officers should allow for the adjustment of status of K-2 aliens under the age of 21, provided the requirements for adjustment of status in 245 of the INA are satisfied.”
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My fiance is going for her interview on the 14th of Dec, in 1 week! She has a 20 year old son that we are bringing here with her. My lawyer has told me that we have to be married in the first 90 days (no problem with us!) and then we can file the papers for the son and wife. PS. the child has up to one year to come into the country from the date of the mothers entry into the US. This is for them to finish school and get ready for the US schools.