K2 visa expiring

[kuning 1]

Hi.. i would like to ask for your advices regarding my 8 yo son. We went here with k visas.. i just applied for my aos last dec. But i didnt applied for.my son who is my k2. Now that our k1 visa will.expire coming feb. 7, what will happen to his his status? Btw, his biological father is my husband, the us citizen who filed the petition for us. I want to know what is the best thing to do. Would i file an aos for him or can i file a certificate of citizenship instead? Thank you in advance. 

[jan22 3,056]

On what basis would you file for a certificte of citizeneship?  It seems your husband did not have sufficient physical presence to transmit US citizenship to your son, or the K2 would not have been issued.  He does not currentlybenefit from the  Child Citizenship Act (CCA) , since he hass  not been admitted as a legal permanent resident.  

 

It doesn't matter when the visa expires -- what matters is the date on the I-94, given at the Port of Entry.  If he entered with you, that should be 90 days after your entry.  Once the time granted at the POE expires, he will basically have not status in the  US until you file for an Adjustment of Status for him.  Once you do that and it is approved, he will then, and only then, benefit from the CCA and be a US citizen.