I was a K2 child but got married

[Laaleehh 0]

Hello my name is Alejandra V. I came to the us in 2012 as a child of a k1 petitioner.

I enter the country with a k2 visa but I turn 21 in 2013 and my moms lawyer said that I couldn’t continue my immigration process as a k2.

In sept 2014 i got married in the US I never went out the country .

in April I start my own case to get a green card with my husband support,

In sept i got my job card approved and a week after i got it by mail.

On oct 27 we went to our interview with the immigration officer, he approves the I-130 but the I-485 its under revision, he said that it can be a problem to get approved because i enter as a k2, that they may give me another interview or the decision by mail, the person who told me that i can apply to get my residence didn’t told me that that could happen.

Tomorrow will be a week since my interview, and I’m anxious because i dint know that may be a problem that i was here as a k2, he also said; "I recommend you to not leave the country yet", which put me to think all this week that i may be approved, he din't said yes or a no, i don't know but i think he didn't want to tell us in that moment, i'm so confused…

please can you help me or explain what did i have to do instead that? or how likely do i have to wait for the decision letter arrives.

Thank you .

[Hypnos 6,576]

Your mom's lawyer sucks.

Per Matte of Le you remained eligible to file for AoS as a K-2 even after turning 21, provided that you entered the country on your K-2 prior to your 21st birthday. As long as your natural parent and US citizen stepparent then married within 90 days, you were eligible to file for AoS.

I am not sure if a K-2 is eligible to adjust status through someone else other than their K-1 parent. A K-1 cannot adjust status through any other petitioner so I'd be surprised if a K-2 could. If a K-2 cannot adjust status through anyone else then USCIS will likely deny your I-485.

However, given that you were eligible to file before and continue to be so now (assuming your natural parent and US citizen stepparent married within 90 days of PoE and continue to be married now) then you could probably just re-file by virtue of your K-2 status based upon the principal K-1's already-granted adjustment.

I would suggest consulting with an experienced immigration attorney familiar in K visa adjustments.

Edited November 3, 2015 by Hypnos

[Laaleehh 0]

Thanks for the answer, and yes i got it denied because of that, would be a good idea appeal and my husband file like a pardon letter? or should i just leave the country and file everything again?

[NigeriaorBust 4,087]

Leaving the country could trigger a long ban . Did your mother adjust status ? Are they still married ?

[Boiler 45,555]

I am pretty sure a K2 is limited as a K1 is.

[newacct 688]

I'm pretty sure the I-485 based on your spouse will be denied. The law says that K-1 and K-2 cannot adjust status except based on the K-1's marriage to the USC.

I think what you need to do is file an I-485 based on entry as a K-2 and your K-1 parent's marriage (which is what you should have done all along, but late is better than never) and don't leave the country.

[Hypnos 6,576]

As stated, just re-file your I-485 based solely on your K-2 status. Forget about the I-130 your husband filed.

You were properly denied, so an appeal would be pointless, and would again wind up being denied.

Do not leave the country.

Consider filing a formal complaint with the State Bar and/or AILA (if they're a member) with regards to the attorney whose terrible advice put you in this position in the first place.

Edited January 4, 2016 by Hypnos

[Laaleehh 0]

Leaving the country could trigger a long ban . Did your mother adjust status ? Are they still married ?

Hello, yes, my mother married my stepfather within 90 days. She just received her permanent residency, she had a kind of residence as temporary, I honestly do not know how you call it. She received two weeks after my interview, as my brothers also have the GC, they are younger than me so they do have the GC.

Edited January 5, 2016 by Laaleehh

[Laaleehh 0]

I'm pretty sure the I-485 based on your spouse will be denied. The law says that K-1 and K-2 cannot adjust status except based on the K-1's marriage to the USC.

I think what you need to do is file an I-485 based on entry as a K-2 and your K-1 parent's marriage (which is what you should have done all along, but late is better than never) and don't leave the country.

Yes i'll try to do that way, but i need a good lawyer here in San Diego, i tried to reach one today, be she told me that there's nothing to do, because first of all it was a mistake that USCIS gave me the k2 because i had to be under 18 to be a stepdaughter, and second of all because now im married. To be honest i didn't believe her because i don't think they would give me the k2 in the second try that my mom did, and i went too far with this process and they didn't notice that it was a mistake...

So i have to file again a I-485 based on my parents marriage right?

Do i have to do the affidavit again and put my stepfather?

What impact or differences will be now that I'm married ?

If i don't leave the country do i have to file something like a pardon for being in the country over time due?

I'll get a lawyer for sure, i just need to clear some questions that i have in my mind because i cant sleep...

Thanks!

[newacct 688]

Yes i'll try to do that way, but i need a good lawyer here in San Diego, i tried to reach one today, be she told me that there's nothing to do, because first of all it was a mistake that USCIS gave me the k2 because i had to be under 18 to be a stepdaughter, and second of all because now im married. To be honest i didn't believe her because i don't think they would give me the k2 in the second try that my mom did, and i went too far with this process and they didn't notice that it was a mistake...

Wow, that lawyer is very misinformed. It has been old news since 2007 that K-2s are not required to have the parents' marriage happen before 18 to be able to adjust status.

So i have to file again a I-485 based on my parents marriage right?

Yes

Do i have to do the affidavit again and put my stepfather?

Affidavit of Support? Yes. You could have been listed on the same one as your mom, but since that has already happened, he will need to do a new one for you.

What impact or differences will be now that I'm married ?

I don't think there should be any differences. If turning 21 after entering doesn't affect your ability to adjust status, then by the same logic marrying after entering also shouldn't affect it (marrying and turning 21 are both things that affect eligibility to be a derivative), because the Matter of Le decision said that the eligibility should be based on the situation at the time you entered. But I'm not sure because this is such an unusual situation that I'm not sure there's been any cases specifically about this.

If i don't leave the country do i have to file something like a pardon for being in the country over time due?

Nope. Being out of status is not relevant for your Adjustment of Status because you are considered to be in the Immediate Relative category. On the other hand, if you leave the country, you will trigger a ban, and that will cause problems.

[millefleur 5,046]

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