You have met your soulmate in Dumaguete who has a child. The plan is for the two of you to go to the U.S. to get married. So the next step is to obtain a K-1 Fiancé Visa for your soulmate. The question, can you get a K-3 visa for the child?
When a US citizen petitions for a Filipino with children to come to the U.S. to marry them, the big question is, what about the children?
Answer: If a Filipino marries a US citizen before their child’s 18th birthday, the US citizen can also directly petition the person’s child (as the US citizen’s stepchild).
There is no need for the US citizen to adopt the person’s child to establish a “petitionable relationship.”
Unfortunately, many Filipinos think that when they married a US citizen before their child’s 18th birthday, they must first obtain their own green card, and thereafter petition their own child. That is not always the case!
If you legally married a US citizen (in good faith) before your child’s 18th birthday, your US citizen spouse could directly petition your child, and it would be a lot faster than waiting for your petition.
For example, if you wait to petition your child yourself, it may take several months or years before you finally receive your own green card. Then, if you file an F-2A petition for your child (minor child of green card holder) there may be an additional few years of waiting time for the priority date on your petition to become current. The wait would be even longer if you decided to first become a US citizen and then petition your child. By that time, your child may have “aged-out”, resulting in unnecessary additional years of separation.
If your US citizen spouse petitions your child, he or she does not need to adopt them, as long as you get married before your child’s 18th birthday. Your child would be considered an “immediate relative” of your US citizen spouse, and could possibly be processed for a green card within a matter of a few months as the stepchild of a US citizen.
For those Filipinos who decided to wait until their child finishes school in the Philippines, before they have their spouse petition for their child, it is not a good idea. If a petition (or green card) is available, grab it now, don’t wait. What if, while waiting, you run into marital problems with your US citizen spouse, and get divorced? Had that spouse petitioned your child early in the marriage, your child could have already obtained a green card. Once your child is in the US, he or she can apply for a re-entry permit and return to the Philippines to finish school. But at least your child has a green card in hand, versus gambling on whether the US citizen spouse will still be around to petition your child.
The U.S. immigration rules are complex. If you have a child under 18 years of age, and are dating or married to a US citizen, you may want to consult with an immigration lawyer, who can evaluate your situation, as well as your child’s, concerning the best way for everyone to get a green card
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Author’s email: wolff2000@earthlink.net
