How soon can K-1 recipent file for child after AOS

[Moshin 3]

Scenario: K1 recipient (let’s call him Ted) has a child that is listed as a dependent on the original I-29F, but for planning purposes, the child will not arrive in the US within a year after K1 issued, so does not have a K2 visa. After Ted adjust status following marriage to US Citizen, can he file for the child while he still has the conditional green card (within first two years of marriage), or does he have to wait until he has the permanent green card, (more than two years after AOS) to file for child? Would it be faster if the US Citizen spouse files for the child as a stepchild?

[apple21 953]

If the marriage happened before the child's 18th birthday, then the US citizen step-parent can file i130 for the child. The process will be faster compared to the green card holder-parent's filing.

[Moshin 3]

Thank you, apple21!

[CallaLilly 0]

Just a side note, the K-2 visa can be issued up to 1 year from the date of the K-1 visa and then used to enter US withen 6 months. So total time available is 18 months. If this fits with "Ted's" time frame then it is less than filing a new petition with a new fee. Also if the child is here and you file the AOS together the child's fee is less.

[Moshin 3]

Thanks, CallaLilly.