Will my daughter get a visa from the time I marry someone, or when she turns 18?


Q: Is that correct if the kid is 17 years old and parents get married, would she be eligible to come with her father on a (marriage) spousal visa to USA? If the petition prolongs or delays and approves the time she celebrated her 18thbirthday? Would they count the time period when her parents marriage happened? Or would they see if she is 18 by the time the petition approves?

A: If the marriage occurs before the child turn 18, the US citizen parent can petition the child to immigrant to the US regardless when the visa petition is approved.  If the child already turns 18, the best way to bring the child to the US is for the parent not to marry the US citizen.  Instead, the US citizen should file fiance petition for the parent and the child.  Once inside the US, marry the US citizen within 90 days of entry and file I-485 to adjust status.