which is comes first the adoption or adjustment of status ?

[lyn31 0]

Hi Everyone,

I've been married and i just received my green card. I entered in the US as K-1 and i have two children as K-2,they are 4 and 5 y/o.We did not file together because we cant afford. Then now we decide to file them for AOS but there I-94 was expired. Can we still file for AOS with an expired I-94? My husband wants to adopt them, what do we need to do?Which is comes first the adoption or we need to file for AOS first before we proceed for adoption. Pls help me. Thank you.

[DouglasFiel 53]

I am not up on all of the current procedures....

This is an older post... 2009 so, fees are incorrect.

"Filing to adjust staus for the K-2 is virtually identical as for the K-1. It is a separate filing, fees etc. Use the I-485, G-325a and other documents exactly as for the K-1 including affidavit of support, EAD and AP if desired. The fee is $1010 per person UNLESS tha child is under 14 years and files with the parent, the fee is $600 each. Also need to attach copy of the marriage certificate, I-129f approval. Exactly the K-1 adjustment x two."

As always verify the information... Usually best with someone who is a bit ahead of ou in the process or someone who just completed the process.

As far as I-94 expired. That does not equal deportation. And, yes you can file with a I-94 expiration. It is common that many K1 fiancees marry near

the expiration date and don't file before expiration,,, or,,, as in your situation, they just don't have the fees.

So, the short of it yes you can file,,, but, now that you are filing seperately it will cost more. As far as adoption. The rules/legal aspect is determined

by your resident state. Need to review the requirements and process for your state. Many court houses have a legal library. In our case there is a legal

assistant that staffs desk,,, they can answer basic questions,,, or we can signup to have a session with a pro-bono lawyer to discuss any legal topic.

Hope this helps.

Regards,

dc

[lyn31 0]

I am not up on all of the current procedures....

This is an older post... 2009 so, fees are incorrect.

"Filing to adjust staus for the K-2 is virtually identical as for the K-1. It is a separate filing, fees etc. Use the I-485, G-325a and other documents exactly as for the K-1 including affidavit of support, EAD and AP if desired. The fee is $1010 per person UNLESS tha child is under 14 years and files with the parent, the fee is $600 each. Also need to attach copy of the marriage certificate, I-129f approval. Exactly the K-1 adjustment x two."

As always verify the information... Usually best with someone who is a bit ahead of ou in the process or someone who just completed the process.

As far as I-94 expired. That does not equal deportation. And, yes you can file with a I-94 expiration. It is common that many K1 fiancees marry near

the expiration date and don't file before expiration,,, or,,, as in your situation, they just don't have the fees.

So, the short of it yes you can file,,, but, now that you are filing seperately it will cost more. As far as adoption. The rules/legal aspect is determined

by your resident state. Need to review the requirements and process for your state. Many court houses have a legal library. In our case there is a legal

assistant that staffs desk,,, they can answer basic questions,,, or we can signup to have a session with a pro-bono lawyer to discuss any legal topic.

Hope this helps.

Regards,

dc

Thank you very much dc. I appreciate it a lot.