Legal Question in Immigration Law in China

Age Of K2 Dependent

I plan to be applying for a K1 Fiance Visa in September of 2008. My fiance will be 43 at that time. Her daughter will be over 18 years old (18 years, 9 months to be exact). Will my fiance's daughter be able to move to the US as well with her mother? (The daughter will be 18 years 9 months at the time of the application.) Also, the application process may take over a year to be approved. So, her daughter may be almost 20 years old when the mom's (my fiance's) visa is approved. Will the daughter still be able to immigrate with my fiance? Any information you can provide is appreciated. Thanks!


Asked on 6/01/07, 9:37 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Age Of K2 Dependent

Yes, as long as your fiance's daughter is under age 21 and unmarried at the time the K-1 visa is issued to your fiance, her daughter will be able to immigrate to the United States with her on a K-2 visa which will be issued to her(the daughter), assuming that she meets the other eligibility requirements for entry into the United States. (The daughter must be listed on your petition for the K-1 visa in order to establish her eligibilty for the K-2 dependent visa under her mother's K-1.)

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Answered on 6/01/07, 11:43 am


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