k1 adjustment of status with k-2

[Vonass 0]

Would my childs adjustment of status get denied if i choose to apply for my childs adjustment of status before filing the adjustment of status for my wife?

both came in as a k-1 and k-2

we got married within the required 90 days.

i am the biological father of the child if that matters.

thank you

[NikLR 13,232]

~~moved to AOS from family based visas from IR1/CR1 process and procedures~~

You are a USC you should not need to adjust their status. They will be a USC upon arrival if they weren't already.

[Vonass 0]

while that is true, i spent 20 years of my life over seas. the u.s embassy denied my childs citizenship due to me not being physically in the u.s for at least 2 years after my 14th birthday and before her date of birth. so i was not able to transmit my citizenship to my child.

i had to resort in applying a k-1 visa for her mother (my fiance, now wife) while my child arrived on a k-2 derivative on that k-1 visa.

i have not applied for the adjustment of status for her mother, we agreed that we would prioritize our child first. my only concern is would my childs adjustment of status be denied due to me not filing for the mothers adjustment of status?

[NikLR 13,232]

It's cheaper to do the mom and the child at the same time. You get a discounted rate.

Edited August 31, 2014 by NLR

[NikLR 13,232]

You should have done an I-130 for the child and he or she would have been a USC the minute they became an LPR. However now you're spending extra money you didn't need to. You likely do have to adjust the child's status because they aren't an LPR yet. Really I think it was done wrong, but what's done is done.

Automatic U.S. Citizenship After Birth - But Before the Age of 18

A Child Born Outside the U.S. is a Citizen after Birth IF… AND...

The child was under 18 or not yet born on February 27, 2001 At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.



http://www.uscis.gov/i-485

Special Instructions
There are exceptions in which the applicant is not required to pay the entire $1070:

• Applicants 79 years of age or older are not charged a biometric fee; the fee total is $985.
• There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee.
• There is no fee if an applicant is filing as a refugee under section 209(a) of the INA.
• For applicants under 14 years of age:
  • Filing with the I-485 application of at least one parent have a fee total of $635;
  • Not filing with the I-485 application of at least one parent have a fee total of $985

I do not recommend filing for the child first.

Edited August 31, 2014 by NLR

[Pitaya 2,577]

Would my childs adjustment of status get denied if i choose to apply for my childs adjustment of status before filing the adjustment of status for my wife?

both came in as a k-1 and k-2

we got married within the required 90 days.

i am the biological father of the child if that matters.

thank you

Welcome to the forum.

The derivative K2 applicant may adjust status based upon the principal applicant K1's I-485. The derivative K2 applicant may adjust status at the same time or after the principal K1 applicant has adjusted status. Refer to instructions 2 and 3, page 1, of the Form I-485 instructions for more information: http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf Be aware that due to the age of the child, there may be a difference in the fees. Check out this link for specific details: http://www.uscis.gov/i-485 I would also suggest that you apply for the EAD and AP at the same time as the AOS, for each applicant. There are no additional fees if applied for concurrently. That is also mentioned in the second link. The K2 applicant (no matter the age) will need either an EAD or a Green Card in order to obtain a SSN.

It can get expensive, for example, for my wife and then-19 year old stepson, the total fees for their AOS/EAD/AP packets were $2140 ($1070 @). But you do what you have to do for your family, right?

Good luck on your immigration journey.

[KayDeeCee 4,896]

If You are Present in the United States as K-2, the Minor Child of a K-1 Fiance(e)

You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent's eligibility to adjust.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

[Vonass 0]

thank you for all your time and responses i now have a better understanding on what needs to be done in order to get things done correctly.

[Vonass 0]

ok so we have 2 adjustment of status

my wife

and my child = 4 yrs old

from what im gathering will the total amount to apply for both adjustment of status cost

$985 = mother

$635 = child

= $1620?

how do i break that down into checks?

[NikLR 13,232]

Mother is a 1070 check

Child is 635 check

Mother need biometrics.

[Pitaya 2,577]

Mother is a 1070 check

Child is 635 check

Mother need biometrics.

Yep, review the link: http://www.uscis.gov/i-485