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zinger143

Did k1 & k2- can I only aos for k2?

By zinger143 in K-1 Fiance(e) Visa Case Filing and Progress Reports

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zinger143 Explorer

zinger143   3

Posted
Filed: K-1 Visa Country: Bolivia
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Long story short I married my fiancé and it turns out he lied about everything and is sending money back home to do all kinds of shady things and has another woman at home he's sending money to. However his daughter is up here and I don't want her to get hurt in the process. I would be willing to adjust status and keep her but I'm not willing to adjust status for him. Can I do that? It's my stepdaughter...

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
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Always something new.

I thought not but I am not sure that is correct, you could apply for an immigrant visa for her alone.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mallafri76 Experienced

mallafri76   1,012

Posted
Filed: IR-1/CR-1 Visa Country: Sweden
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Posted

Not sure it's possible but for sure I'd assume you'd need her dad's approval though, to be allowed to keep her in the US.

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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uniquelyJo Contributor

uniquelyJo   34

Posted
Filed: AOS (apr) Country: Australia
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Posted

I would also assume he would have a say in her obtaining a visa, depending on her age of course. She is a minor I can't see him agreeing to it without him getting his, but stranger things have happened, maybe he is unselfish when it comes to his child and sees a better life for her here than what she would have with him back in their home country, who really knows until the subject is on the table with all parties involved.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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How are you planning on adjusting her without her dad's permission? Even if you could just legally adjust her, you will still need parental consent.

Why would he let you adjust his daughter without adjusting him? What legal authority would allow you to apply to adjust her without parental consent?

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
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Posted

Both Parents have already agreed for her to immigrate, she is here.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted (edited)

Both Parents have already agreed for her to immigrate, she is here.

Dad still needs to sign off on any adjustment of status.

Parents can revoke their permission at any time.

Please explain how the OP can adjust the child over dad's objection?

Pretty sure that the biological parents gave permission for the child to come live in the U.S. with Dad. That permission was conditional on Dad getting to legally stay. So how is that permission still valid when stepmom changes the plan?

Edited by aaron2020
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zinger143 Explorer

zinger143   3

Posted
Filed: K-1 Visa Country: Bolivia
 Timeline
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Posted

Dad wouldn't have a problem with me adjusting her status and not his- he rather her stay and have a better life and he's considering just overstaying the visa- I'm not worried about him because he will go back and stay in his country eventually but I don't want to mess up her chances because she could have a real life here- but her dad and I aren't working out-- so if I could adjust her status as her stepmom that would be great- but my question is- is the k2 is dependent on the k1? If I don't aos for the k1- can I still aos for k2 as the stepmom?

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

For some reason I thought the k2 was dependent on the k1 but can not find where it says that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

K2 AOS is dependent on K1 AOS. If the K1 AOS is not done (i.e., K1 did not marry USC petitioner), the K2 AOS cannot be done.

K-2's Status and Rights Post-Adjustment
check.gif A K-2's status is entirely dependent on the K-1's status. If the K-1 doesn't marry the US citizen petitioner then neither the K-1 nor the K-2 can adjust status. If the K-1's AOS is denied then the K-2's AOS is automatically denied. K-2's are conditional residents for the first two years, just like K-1's. K-2's need to apply for removal of conditions just like K-1's. If a K-1's removal of conditions is denied then the K-2's is denied, as well.

check.gif There are some exceptions to the above. A K-2 can't apply for US citizenship after three years, while a K-1 who remains married to the US citizen can. A K-2 has to wait five years, just like most other LPR's.

check.gif Once a K-2 successfully removes conditions then their status is no longer dependent on the K-1 parent's status.

Source: VJ K2 AOS Tip Guide; Form I-485 instructions, page 2

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Butterfly307 Contributor

Butterfly307   77

Posted
Filed: Country: Portugal
 Timeline
Posted

Long story short I married my fiancé and it turns out he lied about everything and is sending money back home to do all kinds of shady things and has another woman at home he's sending money to. However his daughter is up here and I don't want her to get hurt in the process. I would be willing to adjust status and keep her but I'm not willing to adjust status for him. Can I do that? It's my stepdaughter...

Divorce him and send both of them home.

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