AOS for K2 After ROC on K1

[MariaB 0]

Hi,

My dear friend and coworker, Jenny, immigrated on a K1 Visa along with her daughter on a K2 Visa. However, due to financial constraints at the time she and her husband did not adjust her daughter's status (AOS) early on when they should have.

Recently she passed the ROC which was filed last year in June and has received her permanent resident status and new green card. Obviously she wants to push forward with AOS for her daughter ASAP. A very unfortunate turn of events has occurred, however. Her husband, Brad, asked her for a divorce. The reason seems pretty obvious to us both. She has been worried for some time he might be seeing someone else but isn't sure and now he just hits her with this! She's pretty devastated and I'm doing everything as a friend I can do to help her. I'm not an immigrant myself though and am pretty clueless on this stuff. I wish Jenny would just give him what he wants and move on with her life. Right now I don't know what's going to happen in terms of the divorce because she's trying to work this out with him, but as far as I'm concerned she needs a plan B.

The biggest concern it seems to me is her daughter's AOS. Is it required to be adjusted under Brad or is it possible some way for her to adjust her daughter by herself?

Thanks all!

[Pitaya 2,577]

Hi,

My dear friend and coworker, Jenny, immigrated on a K1 Visa along with her daughter on a K2 Visa. However, due to financial constraints at the time she and her husband did not adjust her daughter's status (AOS) early on when they should have.

Recently she passed the ROC which was filed last year in June and has received her permanent resident status and new green card. Obviously she wants to push forward with AOS for her daughter ASAP. A very unfortunate turn of events has occurred, however. Her husband, Brad, asked her for a divorce. The reason seems pretty obvious to us both. She has been worried for some time he might be seeing someone else but isn't sure and now he just hits her with this! She's pretty devastated and I'm doing everything as a friend I can do to help her. I'm not an immigrant myself though and am pretty clueless on this stuff. I wish Jenny would just give him what he wants and move on with her life. Right now I don't know what's going to happen in terms of the divorce because she's trying to work this out with him, but as far as I'm concerned she needs a plan B.

The biggest concern it seems to me is her daughter's AOS. Is it required to be adjusted under Brad or is it possible some way for her to adjust her daughter by herself?

Thanks all!

Welcome to the forum.

What an unfortunate immigration situation for the K-2 daughter of your friend and coworker, given the present circumstances.

Here are a couple of links that contain some great information about the K-2 AOS process (one from the Guides, the other a 'sticky" thread located at the top of the AOS forum page):

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

That should give your friend a better idea of the proper course necessary to get her daughter's AOS process going.

Good luck.

[MariaB 0]

I appreciate the response. I read those links you posted. Unfortunately neither of them answered my question exactly. Does anyone know of it is possible for my friend to file the AOS for her daughter without the husband that is divorcing her? Could the Affidavit of support come from someone other than the husband that sponsored her K1?

Thanks again!

[Brijhen 0]

I think no one knows much about this since havent seen a thread about this thing yet.

[Pitaya 2,577]

I appreciate the response. I read those links you posted. Unfortunately neither of them answered my question exactly. Does anyone know of it is possible for my friend to file the AOS for her daughter without the husband that is divorcing her? Could the Affidavit of support come from someone other than the husband that sponsored her K1?

Thanks again!

That is a very interesting question, and honestly I am not exactly certain of the correct response. It would be wise for your friend to seriously consider obtaining the services of a good, competent immigration law attorney for this matter.

Since the child's (K-2) AOS applications were not filed at the same time as the mother's (K-1) AOS applications, it is my impression that the child will have to file their own complete Form I-864 with supporting documents, obtained from the primary sponsor. The husband is the K-1/K-2 petitioner and is therefore the primary sponsor. (Refer to Form I-864 instructions, page 2, "Who Completes and Signs Form I-864?" http://www.uscis.gov/files/form/i-864instr.pdf)

There maybe other possible scenarios that may be used or applicable, and hopefully a good, competent immigration law attorney may be able to work out this situation to everyone's satisfaction. I would like to think that the child's care and welfare would be important to everyone.

Comments from other veteran VJ members would be appreciated.

Good luck.

Edited March 31, 2013 by A&B

[Pitaya 2,577]

MariaB: Any news from your friend?