Blended families often have unique circumstances when it comes to the law. If you are considering an engagement with a U.S. citizen, you may have concerns about how moving to the United States to be with your future spouse will affect your children.
According to the U.S. Department of State—Bureau of Consular Affairs, options are available to bring your children with you or have them follow you after your move to America. However, a child does not qualify for the following options if he or she is married.
K-2 visa paperwork
Your fiance(e) should include your children on the I-129F petition he or she fills out for you. Once the United States Citizenship and Immigration Services approves your application, your children will become eligible to apply for their K-2 visas. They must move to the U.S. within a year of the date you receive your K-1 visa or they will no longer qualify for a K-2 visa.
Your fiance(e) must fill out separate K-2 visa applications for each of your children. There is a K-2 application fee for each of the petitions.
Adjustment of status
When you marry, you will need to file for adjustment of status. Unlike your fiance(e) visa application, your adjustment of status petition does not include your children. Each of your children will have to have his or her own application.
If one of your children turns 18 before you marry, he or she will not qualify for the K-2 visa. The legal stepparent-stepchild relationship must begin while the child is a minor.