K2 AOS problem

[Miya 0]

I need advice for the AOS of my 19-yr old daughter who came to the US in April 2010 as K2. We filed her AOS only last Nov. 10, 2010. She has done her biometrics and her AOS interview is on March 28, 2011 . The problem is, my husband and my daughter don’t get along very well. I must admit that my daughter has some attitudes and behavior that irritate my husband so much. When I told my husband this morning to include in his schedule about the AOS interview, he said he is not interested to come unless she change her behavior, and make peace with him. I don’t think my daughter would change her behavior overnight just because of this interview and my husband, it seems to me is not kidding either...I’ve managed to stay calm and avoid all things that could put a strain in our relationship. My question is, Does the petitioner need to be present during the AOS interview for K2?. I haven’t prepared the AOS documents for my daughter yet, but I think I could use the ones I used before when I did my AOS. ( I already have my 2 yr greencard.) Thanks.

Edited March 5, 2011 by Miya

[JimVaPhuong 4,863]

I need advice for the AOS of my 19-yr old daughter who came to the US in April 2010 as K2. We filed her AOS only last Nov. 10, 2010. She has done her biometrics and her AOS interview is on March 28, 2011 . The problem is, my husband and my daughter don’t get along very well. I must admit that my daughter has some attitudes and behavior that irritate my husband so much. When I told my husband this morning to include in his schedule about the AOS interview, he said he is not interested to come unless she change her behavior, and make peace with him. I don’t think my daughter would change her behavior overnight just because of this interview and my husband, it seems to me is not kidding either...I’ve managed to stay calm and avoid all things that could put a strain in our relationship. My question is, Does the petitioner need to be present during the AOS interview for K2?. I haven’t prepared the AOS documents for my daughter yet, but I think I could use the ones I used before when I did my AOS. ( I already have my 2 yr greencard.) Thanks.

I don't believe there is a statutory requirement for the petitioner to attend the interview, but the IO has the discretion to require it. Unlike a K1, a K2's eligibility to adjust status is not based on a relationship with a US citizenship, but is derived from their K1 parent's eligibility. Generally, if the K1's adjustment is approved then the K2's adjustment is approved unless an inadmissibility has been uncovered. Even so, the IO has the discretion to insist that the petitioner appear at the interview, but they won't deny AOS just because the petitioner and K2 don't get along.

What AOS documents are you referring to? You should have submitted everything required with the I-485 petition.

[Miya 0]

I don't believe there is a statutory requirement for the petitioner to attend the interview, but the IO has the discretion to require it. Unlike a K1, a K2's eligibility to adjust status is not based on a relationship with a US citizenship, but is derived from their K1 parent's eligibility. Generally, if the K1's adjustment is approved then the K2's adjustment is approved unless an inadmissibility has been uncovered. Even so, the IO has the discretion to insist that the petitioner appear at the interview, but they won't deny AOS just because the petitioner and K2 don't get along.

What AOS documents are you referring to? You should have submitted everything required with the I-485 petition.

I am so relieved to know that my daughter can AOS even if my husband would refuse to come at the interview.I just pray that he'll change his mind though or the IO would approve the AOS even without my husband's presence.

The AOS documents I was referring to are the items listed on the letter requesting the applicant to appear for the interview (I-797C NOA).

Thank you soo much JimVaPhoung.