Please Help K2 Vadjustment of status

[July28 1]

We came here 5 years ago under K1 AND k2 VISA...I adjust my status and now I am a us citizen. however my kids still on k2 visa. I don't know whats the process to adjust their status. Do I still have to go through applying an adjustment of status for them. or applying for citizenship? Please help

[aaron2020 11,651]

You must apply to adjust your kids. You can not apply for US citizenship for them.

Here is the relevant law, the Child Citizenship Act; 1) under age 18, 2) have a USC parent, 3) lives with the US parent, and 4) have been admitted as LPRs.

You are missing the 4th requirement. K-2 overstays are not LPRs. You must adjust them. Citizenship is automatic if they meet all 4 conditions on they day they get their green cards.

How old are your kids? Do they have SSN? Have you been claiming them on your US tax returns as dependents?

Edited January 11, 2016 by aaron2020

[Boiler 45,323]

K2 Visa is a single entry and was dead once you entered. They had 90 day legal status. Just like you.

[July28 1]

they were 2 and 7 when we came here.. they are 8 and 12 now. Yes I am claiming them as dependents. They dob't have a SSN. We have been using the IRS number for them..

[newacct 688]

Furthermore, your kids must adjust status based on your marriage to your spouse, with an Affidavit of Support from your spouse. As your kids entered on K-2, they cannot adjust status through you.

Edited January 11, 2016 by newacct

[aaron2020 11,651]

K2 Visa is a single entry and was dead once you entered. They had 90 day legal status. Just like you.

Thanks for the insight on the K-2. How about answering the questions next time?

[July28 1]

Do they still need to see the surgeon or file the form I-693 report of medication examination and vaccination.. They are updated with all this immunization since they are here for 5 years now... If I apply for the adjustment of status. Will the petitioner's name is my husband? or me?

[newacct 688]

Do they still need to see the surgeon or file the form I-693 report of medication examination and vaccination.. They are updated with all this immunization since they are here for 5 years now... If I apply for the adjustment of status. Will the petitioner's name is my husband? or me?

They will adjust based on your fiance petition.

[aaron2020 11,651]

they were 2 and 7 when we came here.. they are 8 and 12 now. Yes I am claiming them as dependents. They dob't have a SSN. We have been using the IRS number for them..

Cool.

Have your husband file to adjust them as his stepkids so they can get green cards and automatically become US citizens.

[Boiler 45,323]

Thanks for the insight on the K-2. How about answering the questions next time?

OP said they were on a K2 Visa, they are not.

[July28 1]

Cool.

Have your husband file to adjust them as his stepkids so they can get green cards and automatically become US citizens.

Thanks for your help.. How/s the process for that? any links?

[aaron2020 11,651]

Thanks for your help.. How/s the process for that? any links?

Same as the process for you when you adjusted status.

Follow the Guides on this website.

Google "I-485."

[Boiler 45,323]

Plus a Medical.

[Hank_ 9,174]

Do they still need to see the surgeon or file the form I-693 report of medication examination and vaccination.. They are updated with all this immunization since they are here for 5 years now... If I apply for the adjustment of status. Will the petitioner's name is my husband? or me?

Yes they will need new medicals being you did not adjust their status during the one year time frame of the medical from SLEC, you need to complete this through a civil surgeon. Petitioner is your husband

[Greenbaum 12,259]

Here is what you have to do and in this order.

1. The children need to see a civil surgeon and have their family immunization record (from your family doctor) transposed to the I-693. Along with the transposing of the vaccinations, they will be given a physical as the one that they received from SLEC was good for one year from date of exam. The CS is knowledgeable as what needs to be done. It's best that you are familiar also. Find a CS in your area from here: https://my.uscis.gov/findadoctor Be sure to call around and get pricing as each charges something different. Some will charge way too much others are more reasonable.

2. Next you will have to file I-485 for the children along with two fees. http://www.uscis.gov/sites/default/files/files/form/i-485.pdf When you file the I-485 be sure to file the I-131 Application for Travel Document in the event you need to leave the country. Technically, the children are out of status.

3. Once you receive the children's EAD and you have their documents, as listed on the SS website, go to the nearest Social Security office and apply for SSN for them. Begin using SSN once you have them and at that time you will not need to use their ITN. https://www.ssa.gov/ssnumber/

Good luck