k2 visa not adjusted in the US

[jez 0]

Hello, I was petitioned as a k1 visa. My daughter was given a k2 visa because my husband (her father) cant prove that he lived in the US for 5 years before she was born. So my question is this... After getting married i applied for adjustment of status but i did not include my daughter or i did not state that my daughter is filing with me... years have passed and still we havent done anything with it. Now comes the time when i want to apply for citizenship... will i be able to include her? Will she be able to receive citizenship eventhough her k2 visa has been expired? Or will she need to file an adjustment of status and undergo a conditional permanent residency.... i hope someone can help me... please. Thank you

[pushbrk 13,180]

Hello, I was petitioned as a k1 visa. My daughter was given a k2 visa because my husband (her father) cant prove that he lived in the US for 5 years before she was born. So my question is this... After getting married i applied for adjustment of status but i did not include my daughter or i did not state that my daughter is filing with me... years have passed and still we havent done anything with it. Now comes the time when i want to apply for citizenship... will i be able to include her? Will she be able to receive citizenship eventhough her k2 visa has been expired? Or will she need to file an adjustment of status and undergo a conditional permanent residency.... i hope someone can help me... please. Thank you

You might want to check directly with the USCIS on that one but I think your daughter needs to adjust status and start her own timeline to citizenship. I think she'll need to wait five years after the status adjustment. I would check though because something is making me think she might simply be able to qualify for citizenship through the father by now. Definitely not through you though. She really should have adjusted status when you did with her own application.

[Helmut & Bee 0]

Will she be able to receive citizenship eventhough her k2 visa has been expired? Or will she need to file an adjustment of status and undergo a conditional permanent residency.... i hope someone can help me... please. Thank you

I am just going through the AOS process for a K-1 and K-2. Your daughter has until her 18th birthday to adjust her status to permanent resident. If she fails to do it by then (with some exceptions), everything becomes invalid, and she will not be able to adjust, and may have to leave.

Since she did not adjust at the time you did, she will have to pay the full fee (U$D 930 for AOS & U$D 80 for Biometrics).

The good part is that if her father is a USC, as soon as her status is adjusted, she will become a citizen, and can apply for a US passport. No need to wait anymore. It is due to the "Child Citizenship Act".

Just make sure she adjusts before she turns 18.

Good Luck,

Helmut.