How do I file adjustments after K-1 Fiance visa? 13 Answers as of July 03, 2013

After fiancee visa my fiance would be coming to USA with his 2 grown up daughters.I have heard as soon as we get married in 90 days the girls will be out of status and would not be able to live in USA as an immigrant with father? If its is true what status would they have after our marriage to stay here in USA?Her daughters are 18 and 17 years old.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The daughters would not be out of status, if they come with him, and they are included in the K-3 Notification & I-485 Adjustment of Status application by first you and the girls' father. They would be classified as "follow along." They would qualify if under 21 and single. The age 18 cutoff would only matter if they did not follow along or come within six months of your husband's entry. Once your husband's application is granted they are qualified as legal residents as well.
Answer Applies to: California
Replied: 12/6/2011
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
IF the daughters are indeed 18 and 17 and they will be entering the US on the K-2 visas along with their mother who is your K-1 fiancee, once you marry, they WILL be able to adjust status to permanent residence along with their mother.
Answer Applies to: California
Replied: 11/30/2011
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
As a step-father, you can petition for the 17 year if you marry before she obtains 18. The 18 year old will have to be petitioned by her mother and will most likely have to return to her home country until there is a visa available.
Answer Applies to: California
Replied: 11/29/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Hopefully you filed for the children so they can also obtain visas to enter. If you marry before they are 18, you are allowed to sponsor them right away for green cards along with the father. Otherwise anyone 18 or over, it will take a few years for that. So she will need to determine a different way to be in the US. I highly recommend that you seek a full consult with a competent immigration attorney to look at all options.
Answer Applies to: California
Replied: 11/28/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
It is a little difficult to answer this question as I do not know if the K-1 non-immigrant petition was already filed or not. However, as an initial matter, the daughter who is 18 is not eligible to adjust her status in the United States as your stepchild assuming you did not marry prior to her 18th birthday. If she was issued a K-2 visa, it is important she departs the country on or before the 90 days runs to avoid unlawful presence issues. Once you are married, your spouse and the other daughter must file independent applications for adjustment of status. Your spouse can petition for her 18 year old daughter immediately upon receiving her green card. Due to the ages and intricacies of this matter, you should consider retaining an immigration attorney to assist you.
Answer Applies to: New York
Replied: 11/28/2011
    Joseph Law Firm
    Joseph Law Firm | Jeff Joseph
    There is substantial litigation on this point, but as long as the daughters enter the U.S. on the K-1 visa before the age of 21, they will not age out for purposes of the permanent residence application. This is based on recent caselaw from the 10th Circuit Carpio v. Holder as well as a recent decision from the Board of Immigration Appeals.
    Answer Applies to: Colorado
    Replied: 11/28/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    That is not true. After you marry her, they all can file I-495 to adjust their status to permanent resident. Just make sure you marry her within 90 days of her arrival and file I-485 immediately after the marriage. In the past, CIS would deny I-485 for children older than 21 at the time of I-485 adjudication. Now it has changed its policy thanks to several circuit court cases. As long as the child is under 21 at the time of entry as K2, it will be fine.
    Answer Applies to: California
    Replied: 11/28/2011
    Carol Beth Wolfenson | Carol Beth Wolfenson
    In order to qualify as a step-child of a US citizen, the marriage must occur before the child becomes 18.
    Answer Applies to: New York
    Replied: 11/28/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    After you get married, they can adjust too.
    Answer Applies to: Nevada
    Replied: 7/3/2013
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    They should be able to live in the US just fine. I have to say though about the 18 year-old, that I am concerned because the step relationship was not formed prior to his or her 18th birthday. He can be petitioned immediately after your spouse gets her lpr. No delay. Good luck!
    Answer Applies to: California
    Replied: 11/28/2011
    Avrin & Regolsky | Estelle Regolsky
    Your fiance will get a K-1 visa at the U.S. Consulate in her country. His daughters will get K-2 visas. After the 3 of them enter the U.S., as you know, you must marry your fiance within 90 days. If you wait till the 91st day, that is too late. As soon as you have a certifiedcopy of your civil marriage certificate and have gathered all the other necessary documentation, your future husband and his two daughters can go ahead and submit their applications for adjustment of status. There will be three separate applications, one for each of them, and three separate filing fees. What you have heard is completely untrue; the father and the daughterscan all gain legal residence and get their green cards.
    Answer Applies to: Massachusetts
    Replied: 11/28/2011
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    If her daughters enter as K-2s they are eligible to adjust status to permanent residents as can their Mom. This is provided that Mom marries her fiance within 90 days of entry. Each should file an I-485, G-325A, I-765, I-131 and I-864 and all supporting documents.
    Answer Applies to: California
    Replied: 11/23/2011
    Law Office of Lonnie Hank Robin
    Law Office of Lonnie Hank Robin | Lonnie Hank Robin
    Following your timely marriage, your husband and his daughters may submit applications to the USCIS to adjust status to permanent resident. In that regard, it would probably be best to seek the assistance of an experienced immigration attorney in connection with preparing, filing, and processing their applications.
    Answer Applies to: Texas
    Replied: 11/23/2011
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