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Can My Children Come With Me on My Fiance Visa?

Free Reports to read BEFORE you decide to file an Immigration case or to hire an Immigration Attorney.
These reports will save you time and money.

Read These Reports to Learn:
How you can always represent yourself in an Immigration Case
That not all Immigration Attorneys are the same
The questions you should always ask your Immigration Attorney before you hire him
How Immigration cases can be needlessly delayed or denied and what you can do to avoid that fate.
How not to rely on advice given by friends, family, and surprisingly Immigration information officers
How every document you file with USCIS can affect you and your family for years.
Little known secrets of fiancé visa interviews and green card interviews from an attorney with 20 years of experience

I am planning on coming to the United States on a K-1 Fiance Visa to marry my American husband.  Can I bring my children with me?

Yes, but they will be entering the United States with K-2 visas and not a K-1 visa.  If your children are eligible then they can travel to the United States with their K-2 visas within one year of when your K-1 fiance visa was issued to you.

This decision really depends on the ages of your children. Children under the age of twenty-one can come to the US as derivatives (K-2) of a fiancé visa (K-1 visa).  Once in the United States your children would be eligible to file for green cards until they are twenty one.

If, instead of applying for a K-1 fiance visa for you, your fiance married you and filed for a green card for you, then you would have to file for the children separately.  In this case your husband would not be able to file for your children (his step-children) if you married him after your  children turned  eighteen (not 21).

I recommend that if you have children that you do not file either type of case unless and until you speak to an experienced Immigration Attorney. This can be a very complex area and it is important that you understand the ramifications of your filing your case. If there is anything in this article you do not understand, or if you have other questions on this topic, please feel free to call or email our office.  We would be happy to talk to you about your situation.

Lawrence Gruner is a modesto immigration attorney, modesto fiance visa attorney  and a fiance visa attorney in modesto with almost 20 years of experience handling immigration cases. He has office locations throughout northern California. His office handles immigration cases throughout California (including San Francisco, Oakland, San Jose, San Diego and Sacramento) the United States and the World. You may reach us from anywhere in the world toll free at 888-801-6558 .

You may also email us your questions. Attorney Gruner would be happy to review your situation and all of your options. He can help you come up with a plan for your Immigration case. His office handles green card cases (both family based green cards and business based green cards) please see our post: “How to get a green card” usa K1 fiance visa cases, E1-E2 investor cases, H1b cases (please read our post: “How to get an H-1B visa”)and marriage visa cases

We handle cases throughout the state of California and the World. California cities include: Sacramento, Stockton, San Diego, San Jose, Oakland, San Francisco, Daly City, Fremont, Hayward, San Mateo, Santa Clara, Alameda, San Rafael, Santa Rosa, Richmond, Fairfield, Grass Valley, Nevada City,Vallejo, Berkeley, Concord, Walnut Creek, Orinda, South San Francisco, San Bruno,Daly City, Pacifica, Half Moon Bay, Millbrae, Brisbane, Burlingame, Hillsborough, Colfax, Foster City, Belmont, San Carlos, Redwood City, Menlo Park, Palo Alto, Mountain View, Mt. View, Sunnyvale, Campbell, Cupertino, Los Altos, Los Gatos, Yuba City, Santa Cruz, Modesto, Fresno, San Luis Obispo, Morro Bay, Coronado, Los Angeles, Anaheim, Roseville, Rocklin, Auburn, Dixon, Davis.

We also have clients in Seattle, Los Angeles, Portland, Reno, Denver, Dallas, Boston, Philadelphia, Kansas City, St. Louis, Pheonix, Pittsburg, Cleveland, Miami , San Antonio and Chicago.

Laws can and do change and additional laws may apply in your case. Contrary to what your friends tell you every immigration case is different.   Just because your friend’s case was successful does not mean necessarily that your case will be successful.  Small differences in cases can alter results. Please contact our office and we will be happy to review your matter with you, free of charge, prior to filing any documentation with USCIS.

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