My wife’s 19 year old daughter has been denied a CR-1 Alien Relative visa, for which I am the petitioner as step-father

U.S. Immigration Legal Advisors in Bangkok, Thailand answers frequently asked complex American Visa questions

Question: My wife’s 19 year old daughter has been denied a CR-1 Alien Relative visa, for which I am the petitioner as step-father. USCIS has stated that the reason for the denial is because I am required to marry her mother before the child’s 18th birthday. As I married my wife after her daughter’s 18th birthday USCIS is stating that she can not have a visa. This seems like a strange and unfair law, what can I do?

Answer by U.S. Immigration Legal Advisors in Bangkok Thailand: Divorce your wife, file a K-1 fiancee visa petition and add the child as a K-2 derivative. The K-1 fiancee visa allows K-2 unmarried children up to 21 years of age to immigrate to America with their parents. The CR-1 visa requirement that children must be under 18 years of age at the time of the mother’s marriage to the step-father is a loophole that frustrates many people.

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