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 (using follow to join) of when your K-1 fiance visa was issued to you. This can change so double check with an immigration attorney prior to filing anything with USCIS.
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 using the I-130 process, then you would have to file for the children separately.
In this case your U.S. Citizen spouse 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 an immigration attorney 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 articles: “Fiance Visa Denial Rates” “How to get a green card” ” Top 10 Things You Should Know About the Fiance Visa Process”, “Fiance Visa Processing Time“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.