Q: Can 20yr unmarried daughter Follow-To-Join a LPR mother who came to U.S. on K-1, and now married, or is I-130 required?

A: According to the Department of State's Foreign Affairs Manual: "USCIS and the Department [of State] have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé́(e), and acquired Lawful Permanent Resident (LPR) status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required. No extensions are possible, regardless of the circumstances." So, the question becomes, when was the parent's K-1 visa issued? If more than one year ago, then the permanent resident mother would need to file a petition for her (presumably unmarried) daughter. Note that such a case would be subject to a wait, as it is a preference category case. Speak with a competent immigration attorney for answers to additional questions. Some law offices, like mine, offer telephone or online Skype consultations when an individual is unable to come in person.

A: Adding to my initial response, if the 20 year old was under 18 when her mother married the U.S. Citizen, the U.S. Citizen may petition for the step-daughter. If her 21st birthday is approaching soon, it would be wise to speak quickly with an immigration attorney about the advantages of having the U.S. Citizen file the petition rather than the U.S. Legal Permanent Resident mother.