Fiancee's child caught in limbo

D

dorian

New Member
My fiance is a greencard holder who has been living in the states for several years. I am a US citizen. We would like to bring her 10 year old child here from easterm Europe.

How can I get the child here quickly? Can I apply for for a K-2 for the child? Would that mean I need a k-1 for my fiance? Can she get a k-1 when she already has her greencard? Would adoption be easier?

Waiting until we are married would be straight forward, but we would like to bring her here a little before our marriage, so that she can be part of forming our new family, and not feel that we are doing something without her.
 
Your fiance is already a green card holder, for immigration pourposes you don't need to apply for her or her son, because she is already a permanent resident.
In this case, your finace, has to apply as a green card holder for her son. She needs to apply I-130 for her son and wait until a visa is available for him. If your fiance has been a green card holder for 5 years then she could apply for citizenship and then apply for her child that would be an immediate relative of her (as a USC) and don't need to wait for a visa number.

K1/K2 is if your finace wasn't a permanent resident and want to become one, she already is one.
 
depending on her method of immigration the child may be eligible for "following to join" benefit.

Or, when you get married, perhaps, you could apply as a USC parent for a child. No legal adoption is required.
 
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