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Thread: Russia - Direct Consular Filing?

  1. #1
    I am a US citizen and have applied for a fiancee visa for a woman in Russia, and it is being processed in California. It appears the paperwork will not be approved (based on present processing times) till some time this summer. The problem is that her daughter will be 21 in early June, and if the K1 and K2 visas are not approved before her birthday, she cannot accompany her mother. ( I think that is correct; maybe the interview has to be completed before the child's birthday.)
    My fiancee does not want to leave her daughter there for three more years, which is about how long it would take to get her here after my fiancee arrives.
    I realize there is no more Direct Consular Filing, but am wondering if I go to Russia now and marry my fiancee there whether that would alter the rules regarding the child accompanying her mother. If not, is there another way to solve this problem?
    Any advice is gratefully appreciated.
    Bob

  2. #2
    I am a US citizen and have applied for a fiancee visa for a woman in Russia, and it is being processed in California. It appears the paperwork will not be approved (based on present processing times) till some time this summer. The problem is that her daughter will be 21 in early June, and if the K1 and K2 visas are not approved before her birthday, she cannot accompany her mother. ( I think that is correct; maybe the interview has to be completed before the child's birthday.)
    My fiancee does not want to leave her daughter there for three more years, which is about how long it would take to get her here after my fiancee arrives.
    I realize there is no more Direct Consular Filing, but am wondering if I go to Russia now and marry my fiancee there whether that would alter the rules regarding the child accompanying her mother. If not, is there another way to solve this problem?
    Any advice is gratefully appreciated.
    Bob

  3. #3
    Hi RobertE, according to timelines, even if you get married and apply for your wife in the next few weeks, a miracle would need to happen for any visa (K3 or IR-1) to be approved by June...

    Look into the laws about ageing out (reaching 21). If I remember well, it is not on the date of the visa issuance but on the date of the adjustment of status in the US person has to be under 21; in case the daughter receives K2 (derivate of fiance)or K4 (derivate of wife) visa.

    The rules are such because child over 21 is considered adult and able to care for him/herself.

    Have you thought about getting the daughter a student visa?

  4. #4
    children never age according to the USCIS!!! that means the age she is when you apply is the age she stays until the paper work is accepted or denied.. However, here is the bs.... I did my paperwork and a big issue was the timeline my USC husband came into the life of my eldest daughter there was a big issue as to whether it was before her 14th birthday to be considered a step child???? not sure the legallities or why for this issue.

  5. #5
    It's due to the Child Status Protecting Act that aneri mentioned. It can be a bit tricky on determining when the child's age are "frozen" by USCIS.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ntfd3:
    children never age according to the USCIS!!! that means the age she is when you apply is the age she stays until the paper work is accepted or denied.. </div></BLOCKQUOTE>

    It is not that simple. Only USC's child age is "frozen" on the date of the petition. For the others, there are different scenarios
    http://www.eimmigration.org/CSPA%20summary.htm

    In addition, it is not clear wheather CSPA applys to non-immigrant petitions. K1 and K3 are non-immigrant.

  7. #7
    I have found this:
    "The parent-child relationship must continue to exist at the time that immigration benefits are sought. A child includes only an unmarried person under the age of 21. Accordingly, the child must be both unmarried and under 21 at the time the visa is issued by a consulate and at the time that he or she applies for entry to the United States. If the child marries or becomes 21 after the visa is issued and before he or she applies for entry, he or she becomes disqualified for immediate relative status. However, certain exceptions to this "age-out" problem exist as a result of the Child Status Protection Act...."
    on this website: http://www.americanlaw.com/famil.html
    which appears to be a reliable source.
    So, things look bleak.
    As for a student visa for the child, what I have read said the child must have a compelling reason to return to her own country. In this case, if her mother has immigrated to the US, I think a compelling reason would be problematic.
    Further information would be appreciated.
    Bob

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by RobertE:
    I have found this:
    "The parent-child relationship must continue to exist at the time that immigration benefits are sought. A child includes only an unmarried person under the age of 21. Accordingly, the child must be both unmarried and under 21 at the time the visa is issued by a consulate and at the time that he or she applies for entry to the United States. If the child marries or becomes 21 after the visa is issued and before he or she applies for entry, he or she becomes disqualified for immediate relative status. However, certain exceptions to this "age-out" problem exist as a result of the Child Status Protection Act...." </div></BLOCKQUOTE>

    Yes, but if you read the definition of a child for immigration purposes, your fiance's daughter is not considered "your child".

    On the same website, under "K status for Fiances and Spouses of USC", it says: "Aliens appearing at ports of entry with a valid K-3 visa will be inspected and, if admissible, will be admitted for a period of two years. Similarly, K-4 dependents will be admitted for a period of two years or until the day before his or her 21st birthday, whichever is shorter."

    I understand what you are saying about student visa, but - somehow- many children (of LPR) are on student visas in the US while waiting their immigrant visa numbers to become available...

    Maybe we all hear some good new about DCF soon

  9. #9
    aneri, question, do the children of wives of USCs not have the ability to change status like the mother, or father for that matter???? If the parent gets PR dont the children also get that luxury providing their application is accepted? And what happens if they get temp residence when they get to 21???? do they have to leave???? Mine is 14??????

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ntfd3:
    aneri, question, do the children of wives of USCs not have the ability to change status like the mother, or father for that matter???? If the parent gets PR dont the children also get that luxury providing their application is accepted? And what happens if they get temp residence when they get to 21???? do they have to leave???? Mine is 14?????? </div></BLOCKQUOTE>
    To put it simply, and as I see it, if a child (as dependant, not primary beneficiary) enters the US on immigrant visa or adjust status (even if he/she gets conditional residency) before the age of 21, child is a legal resident. They don't have to leave when they turn 21. I don't see a problem in your case.

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