Congratulations on the engagement to get married! What you need to do for your fiance and child to live with you depends in part on when and where you plan to marry. You may be able to apply for a fiance visa or a spousal/immigrant visa and the processes are different. You should consult with an immigration attorney for guidance, including whether your fiance should enter on her current visa given your plans to marry. Best wishes.
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You may file for K1 visa for your fiancé and her Kid will receive K2 if is under 21. You need to meet certain requirements in order to be able to have successful K1 case. You must be US citizen and you must prove that you have good faith relationship. I urge you to hire an attorney to proceed with your case. It is not an easy task .
See www.uscis.gov and find form I-129F and see the instructions.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
It would be good to know a few more details about your situation. Namely, are you a U.S. Citizen? And also, where is your fiancee located? If you are a Citizen, then you have quite a few more options than a non-Citizen. Assuming you are, in fact, a U.S. Citizen, and further assuming your fiancee is in Mexico, I would NOT recommend bringing your fiancee and her kid into the U.S. using a Border Crossing Card/B-1/B-2 and then getting married here and attempting to file for Adjustment of Status here in the U.S., however tempting this might be. I would strongly advise filing for a K-1 Fiancee Visa for her or, if for religious or cultural reasons you cannot wait, getting married there and then filing an I-130 and for a K-3 Spousal Visa for her.
This post is for informational purposes only and does not constitute legal, tax, or investment advice or create any type of attorney-client relationship. You should always consult with a qualified attorney to thoroughly evaluate the specific facts and circumstances of your situation.
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