K-2 Visa holder

[anderson220 2]

Is it possible for a K-1 visa holder to adjust status after two years? 

 

My mom got abused by her husband which led to early divorce. She got her green card prior to the divorce. 

 

Is she able to pass the removal of conditions? And will she be able to petition me as her K-2?

[Georgia16 2,858]

If she has her GC the she already adjusted her status.

 

K-2 has to be same time or with in a year so she can't do a K-2 for you.

 

 

[Transborderwife 4,666]

Nope 

[aaron2020 11,651]

Your mother has a green card, so she has already adjusted status.

 

As long as she has evidence of a bona fide marriage, she will be able to remove the conditions on her green card with a divorce waiver.  No one can tell you if she will be successful since none of us know what evidence she has.

 

You can not get a K-2.  A K-2 can only be issued within one year of a K-1 being issued.

 

If you are single, your mother can petition for you.  You will need to stay single.  How long it will take for you to get an immigration visa depends on your age.  How old are you?

[anderson220 2]

Yes, she got a lot of evidence, pictures of bruises and all that. Her ex husband has previous cases of being an abusive partner as well, which my mom didn't know until we got here. To the point that his former partner, which is a citizen here, filed for a restraining order.

 

We lived in a domestic violence shelter for a short period of time then we moved out.

 

I'm 18 years old. And thank you for all your response, I appreciate it so much.

[aaron2020 11,651]

You weee living in the shelter with your mother?    What visa did you use to enter the US?  Are you out of status?

[anderson220 2]

She has her conditional green card now for 2 years, which I am not sure she'll be able to remove its conditions because of the early divorce. Yes, for 2 months. Those were the times she couldn't work because of the pending EAD.

 

She told me she'd file for my papers after the divorce period, she says she can because she consulted someone.

 

Basically, I am trying to get confirmation here. I am just confused with all this. 

 

We wanted to go home but her attorney said she should stay because it might confuse the USCIS for her going back, that was the time when she was still waiting for her EAD and green card.

[aaron2020 11,651]

Once again.

 

What visa did you use to enter the US?

 

Are you out of status?

 

 

[anderson220 2]

Yes, I am status for the last 13 months. My mom is a K-1 Visa holder and me as a K-2.

[Georgia16 2,858]

1 hour ago, anderson220 said:

Yes, I am status for the last 13 months. My mom is a K-1 Visa holder and me as a K-2.

Before you asked if she could apply for a K-2 visa for you and now you say that you already have a K-2 visa?

 

Please make a timeline with details over your visa's and all that for better help.

[KierenHby 899]

1 hour ago, anderson220 said:

Yes, I am status for the last 13 months. My mom is a K-1 Visa holder and me as a K-2.

In status or out of status? Unclear..

[anderson220 2]

Oh sorry for the typos.

 

 

I am OUT OF STATUS but my mom is not.

[anderson220 2]

And my question is wrong too.

 

I was supposed to ask about the application for 2 years greencard for me. If she has the allowance to get one for me by herself. I'm sorry if I'm vague

Edited January 26, 2017 by anderson220

[Transborderwife 4,666]

Just now, anderson220 said:

Oh sorry for the typos.

 

 

I am OUT OF STATUS but my mom is not.

How long have you been out of status?  She cannot adjust your status and your overstay will not be forgiven as she's not a us citizen.

[Georgia16 2,858]

Just now, anderson220 said:

And my question is wrong too.

 

I was supposed to ask about the application for 2 years greencard for me.

Your mom is divorced from your sponsor. You can't adjust status now. You should have done it at same time as your mom or when you came on your K-2 visa. You will be getting a ban by overstaying.