Follow to Join - Derivative of K1

[kennym 275]

Hello all

I am a little confused about the "follow to join" visa..

My now wife, was a k1 Beneficiary and entered the US in Dec 2010, we married and AOS'd... We recently completed the Process for the K2 Visa, and her daughter received the visa to join her mom in the USA.. The Daughter is now 9 years old..

My stupid question is; does anyone know what the daughter's status will be when she arrives since her mom is already LPR... I beleive we need to file the I-485 for her daughter, but until then, what status will she have.. I know the POE wont tell her she has 90 days to get married, so I am a little confused what if any deadlines or timing requirements we have to file the AOS Paper work...

Does this question make sense?

All this extra embassy visits and trips back and forth has been costly and wonder what would happen to her daughter if we wait 2-3 months to file AOS paper work...

[Ning 619]

Hello all

I am a little confused about the "follow to join" visa..

My now wife, was a k1 Beneficiary and entered the US in Dec 2010, we married and AOS'd... We recently completed the Process for the K2 Visa, and her daughter received the visa to join her mom in the USA.. The Daughter is now 9 years old..

My stupid question is; does anyone know what the daughter's status will be when she arrives since her mom is already LPR... I beleive we need to file the I-485 for her daughter, but until then, what status will she have.. I know the POE wont tell her she has 90 days to get married, so I am a little confused what if any deadlines or timing requirements we have to file the AOS Paper work...

Does this question make sense?

All this extra embassy visits and trips back and forth has been costly and wonder what would happen to her daughter if we wait 2-3 months to file AOS paper work...

There should be no problem. My daughter was 9 & we filed hers at the same time as mine but due to some mistake it wasnt processed until 90 days after mine. Her green card was mailed about 4 months after mine.

Whatever you do make sure you have the childs name in your mail box. We didnt & they sent it back. We found out but USCIS said it would take at least 60 days to get it sent back. It arrived the next day!

[Jojo92122 1,924]

The K-2 is a nonimmgrant visa. Your wife's daughter will need to file to adjust her status to legal permanent residency. You file Form I-485. If you do not file to adjust her status, she becomes a nonimmigrant visa overstay.

[kennym 275]

The K-2 is a nonimmgrant visa. Your wife's daughter will need to file to adjust her status to legal permanent residency. You file Form I-485. If you do not file to adjust her status, she becomes a nonimmigrant visa overstay.

What is the time required to file the I-485 once she enters the US.. is it 90 days? Since her Mom is already an LPR, do they still give her 90 days to AOS?

[Jojo92122 1,924]

What is the time required to file the I-485 once she enters the US.. is it 90 days? Since her Mom is already an LPR, do they still give her 90 days to AOS?

Generally, the K-2 visa is valid for 90 days. Look at the I-94. Once the I-94 expires, she is out of status unless the I-485 has been filed.

[kennym 275]

Generally, the K-2 visa is valid for 90 days. Look at the I-94. Once the I-94 expires, she is out of status unless the I-485 has been filed.

Jojo92122, Thanks for your replies...

Not that I plan to let this happen, but mostly out of curiosity, if she becomes out-of-status, can she still AOS just like the spouse of a USC?

Just wondering...

Kenny