Q&A: Please need advice or if there’s anyone who is holding K1 and K2 (children under 18 Yrs. old) visa?
Question by Krisha: Please need advice or if there’s anyone who is holding K1 Visa and K2 Visa (children under 18 Yrs. old) visa?
We (Me and my daughter) came here last yr. july 5 and i got married to an US Citizen on aug 22 then i apply for my adjustment of status but I dont know what will i do to my daughter if i need to apply for her adjustment of status too, she was already studying here and me and my husband (US Citizen) dont know what to do if He needs to adopt her to change her last name bcoz she was using my last name but me when i apply for adjust status m using my husband’s name already, its kinda confusing, hope there’s someone who can advice me which have the same situation like me on what they do and what process and papers they use. I dont have any problems about myself, what’s my problem is about my daughter on how can she be a citizen here and i really dont know what to do and I am still waiting for d result of my papers coz i apply this march 2008. Thanks a lot !!!!!!
Best answer:
Answer by Amber
My husband holds a K1 visa, i am the USC and he was the NON USC…im not to sure about your child, i dont know that kind of information, but i know that it has been done before…i have seen this question posted on this locate many times…try this forum if no one gives you the correct information here at Y! Answers:www.visajourney.comI did a search on that site, maybe one of these will help you out a little more.
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Actually, K-2s and K4s can be issued to children up to age 21. However, if your marriage took place before your daughter turned 18, then your husband could file an IR-2 immigrant visa petition for her as her stepfather, as long as she’s still uncer 21. If she’s now over 21, then it would be an F1 petition, which would take longer, but could still be done. If your daughter was over 18 at the time you actually married, then you have real problems. You could file your own petition for her but that would take at least 5 years before it would be valid.
There would be no need to adopt her, unless that’s just something you would all like to do, because legally it wouldn’t affect anything under immigration law. A child adopted by an American would have to be under the age of 16 to benefit for immigration purposes. As for her family name, she can keep that or not. but she would have to change it legally in court to your new family name.