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  1. #1
    Join Date
    Dec 2017
    Posts
    2

    Default Adjustment of Status for a K-2 Visa Holder

    I brought my wife and her son from Colombia on March of 2014 with a K1 & K2 Visas. We got married on May 2014 within the 90 day period as per the requirements of the K-1.

    Due to financial issues at that time we decided to proceed with the AOS only for my wife in which she received her conditional (CR) 2yr LPR card and has been extended due to her I-751 still pending. We still have not filed AOS for her son (15yrs old now) that was admitted under K-2 visa. During all these years we've had financial problems with medical bills and other things that were holding us from paying or saving for the USCIS fee.

    Now that we're both working, and have the funds and paper work ready to go for AOS for her K2 visa son, are there any issues or problems that we'll have for him to adjust status? Will USICS reject the paperwork due to the very late filing? Will he receive a conditional 2yr LPR card or will he jump the line to a 10 year since his mom is far advanced in the process?

  2. #2
    Join Date
    Oct 2006
    Posts
    13,149

    Default Re: K2 Visa for AOS

    Quote Quoting candanoza
    View Post
    I brought my wife and her son from Colombia on March of 2014 with a K1 & K2 Visas. We got married on May 2014 within the 90 day period as per the requirements of the K-1.

    Due to financial issues at that time we decided to proceed with the AOS only for my wife in which she received her conditional (CR) 2yr LPR card and has been extended due to her I-751 still pending. We still have not filed AOS for her son (15yrs old now) that was admitted under K-2 visa. During all these years we've had financial problems with medical bills and other things that were holding us from paying or saving for the USCIS fee.

    Now that we're both working, and have the funds and paper work ready to go for AOS for her K2 visa son, are there any issues or problems that we'll have for him to adjust status? Will USICS reject the paperwork due to the very late filing? Will he receive a conditional 2yr LPR card or will he jump the line to a 10 year since his mom is far advanced in the process?
    I think that it is probably in the child's best interest for you to get a consult with a local immigration attorney.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    95,435

    Default Re: K2 Visa for AOS

    As long as the child entered the U.S. based upon a valid K-2 visa before reaching the age of twenty-one, and the child's K-1 visa-holding parent married the I-129F petitioner within ninety days of entry, then the child should remain eligible for Adjustment of Status. (A more detailed or case-specific analysis would need to be performed by an immigration lawyer who has the opportunity to evaluate the full facts.)

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