Q: I'm engaged to an Ukrainian and am trying to figure out how to get her Green Card after we marry.
The marriage will take place in Ukraine. We anticipate this to be early next year. She also has two children under the age of 18 that I eventually would be adopting.
If you are a U.S. citizen you can file the FORM I-129F and request the K-1 on behalf of your fiancee. The two children will be eligible to apply for the K-2 visa.
If you marry abroad, you will have to file the FORM I-130 with USCIS for each of them.
More information is needed. Is she in the United States? Are you in the U.S.? If she is in the U.S., has she maintained, lost, or overstayed her status? These, among many issues should be discussed with a competent and experienced immigration attorney before she departs for Ukraine. There may be significant consequences if you are not careful.
As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before anything is done. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
A: You can sponsor her for a fiancé visa. If you’ve met already, you wouldn’t have to travel there to get married. Once her k fiancé visa is approved she and her 2 kids could travel here. You’d need to marry within 90 days then she and the kids could adjust status to obtain green cards. Alternatively you could get married first and then she and the kids could process at the US consulate overseas for their green cards in the Ukraine. The fiancé visa pathway is taking slightly less time.
You will need to file for an alien relative petition then K visa(s) or immigrant visa she can file for her children join to follow as soon as she gets her immigrant visa.
If you adopt the children they will become US citizens through you. provided all requirements are met.
The process is neither simple or inexpensive and it can take months. I strongly suggest you consult with an experienced immigation attorney to discuss your alternatives.
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