Adding Kid in AOS

[franning1003 5]

I originally got my fiancee to US by K-1 Visa. She left one minor kid and now, can we add her minor kid to AOS when filing here in US?

thank you all appreciate any response.

[aleful 1,905]

hi

was her child listed on her i129f as a K2? how long ago did she come to the US? how old is the child?

if the child was listed, he or she might be able to follow to joint to come to the US on a K2 visa, and later adjust status

if not, depending on his or her age you would have to file as a stepfather

[franning1003 5]

hi

was her child listed on her i129f as a K2? how long ago did she come to the US? how old is the child?

if the child was listed, he or she might be able to follow to joint to come to the US on a K2 visa, and later adjust status

if not, depending on his or her age you would have to file as a stepfather

Thanks for quick reply.

Yes we listed her as her kid and was ask why we did not petition her during our K-1 interview we said she is still studying. My wife came here June 2016 and now in process of filing for her AOS and wondering if it make sense to add her in that form as applying with you.

She is 12 right now.

[aleful 1,905]

hi

they are 2 separate petitions, now you are petition your wife, your stepchild needs a separate petition, she can come on a k2 follow to join

once she is here, you will file another adjustment of status packet

[EM_Vandaveer 2,417]

AOS is for people already in the US. Your stepdaughter is not in the US therefore cannot AOS.

You can get her a K-2 within a year of her mother's entry, once she is here you can file AOS for her.

[KayDeeCee 4,896]

K-2 can be issued within a year of the K-1 issue date, not US entry date.

You cannot file adjustment of status for a child that never even applied for a visa yet. AOS is for someone within the US. They need the K-2 visa and then to enter the US. THEN you can file for AOS for the child. If the child does not get a K-2 within a year of the K-1 being issued, then you can petition for the child as their stepfather and immediate relative. You would need to file an I-130 at that point.