If you’re planning to immigrate to the U.S. through marriage or a K-1 fiancé(e) visa, you may wonder how to bring your child along. The good news is that, in most cases, children can accompany their parent during the immigration process. However, the exact steps and eligibility requirements can vary depending on the type of visa.

Immigrating Through Marriage

When a U.S. citizen marries a foreign national, they can sponsor their spouse for a green card. If you are the foreign spouse and have a child, the child can usually immigrate with you, provided they meet certain requirements.

1. Eligibility of the Child: To include your child in your marriage-based immigration application, the child must be under 21 and unmarried and your marriage to your U.S. Citizen Petitioner must have taken place before the child turned 18 years old. If your child is older or married, they won’t qualify to immigrate with you through this process.
2. Filing the I-130 Petition: The U.S. citizen spouse files an I-130 Petition for Alien Relative to sponsor you. You will also need to file a separate I-130 petition for your child, ensuring they are included in the process. The petition must establish that the child is your biological or legally adopted child.
3. Proof of Relationship: Just as you must prove the legitimacy of your marriage, you’ll need to demonstrate that the relationship with your child is genuine. This may include the child’s birth certificate or adoption papers (if applicable).
4. Adjustment of Status or Consular Processing: If your child is already in the U.S., they can apply for Adjustment of Status (AOS) after you’ve filed the I-130 petition or even simultaneously with your I-130 petition. If they are outside the U.S., they will go through consular processing at a U.S. embassy or consulate.

Immigrating Through a K-1 Fiancé(e) Visa

For those immigrating on a K-1 fiancé(e) visa, the process for including children is slightly different. A foreign fiancé(e) can enter the U.S. to marry their U.S. citizen partner, and the child of the foreign fiancé(e) can also come along, but they will need to apply for a K-2 visa.

1. K-2 Visa for Children: The K-2 visa allows children of the foreign fiancé(e) to accompany their parent to the U.S. The child must be under 21 and unmarried, and must be listed in the fiancé(e)’s K-1 visa application.
2. Marriage and Adjustment of Status: After the marriage takes place (within 90 days of arrival in the U.S.), the foreign spouse can apply for Adjustment of Status to become a lawful permanent resident. The child can also adjust their status at the same time, provided they meet the age and marital status requirements.
3. Proof of Relationship: Just as in the marriage-based immigration process, you’ll need to provide proof that the child is your biological or legally adopted child. Documentation such as birth certificates or adoption papers is required.

Key Considerations

• Age and Marital Status: The child must be under 21 and unmarried. If the child is over 21 or married, they must apply for a green card through a separate process once you’ve obtained permanent residency. For individuals seeking to emigrate with their children through a spouse visa, please keep in mind that in order for your child to qualify, your marriage to your U.S. citizen spouse must have taken place before your child turned 18!
• Documentation: Ensure that you have all the required documents, including your child’s birth certificate, adoption records, and legal custody documentation if applicable. Incomplete paperwork can cause delays.

Navigating the process of immigrating with a child through marriage or a K-1 fiancé(e) visa can be complicated. Whether you’re dealing with paperwork, proving relationships, or ensuring that your child qualifies, an immigration attorney can help guide you through the steps. They can ensure your case is presented in the best possible way to avoid delays and increase the chances of approval.

At Rokas Law Office PLLC, we specialize in family-based immigration cases and have successfully helped many clients bring their children to the U.S. with them. Contact us today for a consultation, and let us help you through the immigration process with confidence.