K2 Visa for Child

[NJ93 6]

Hi Everybody,

 

My wife came here on a K1 visa. She's here now and has her green card and is all settled. She brought her son here but we didn't file his K2 due to finances. Now we are ready to file the K2. Can anyone help provide what steps we need to take or know if there is a problem cause we waited year. He is 15 in school. Will there extra charges etc. Thanks in advance.

 

Nj93

[NikLR 13,232]

You mean her son is already in the USA?

Then just adjust his status, I-130, I-485 etc... 

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa progress reports" to "bringing family members of USCs" as question relates to the child, not the fiancé*~*~*

 

Where is the child now? You say your wife "brought the child with her" but you say you didn't do a K-2 due to finances. So how did he get here? What visa did he have?Or did he come with her as a visitor and then went home? He will need a K-2 to come here unless too much time has elapsed (when did your wife arrive?) in which case you (the USC) will need to file an IR-2 for him. 

[JFH 12,191]

Just looked at your timeline. Looks like your wife came here in 2015, in which case it's too late to bring her son on a K-1. Unless he's already here (in which case I'll move this to AOS). 

[Boiler 45,965]

Posts like this just make me shake my head.

 

Wow

[Crazy Cat 42,141]

16 minutes ago, JFH said:

Where is the child now? You say your wife "brought the child with her" but you say you didn't do a K-2 due to finances. So how did he get here? What visa did he have?Or did he come with her as a visitor and then went home?

******THIS******

[Roel 7,193]

So you brought the kid over on the tourist visa? And enrolled him in school? Wow.

Well if he's here now then just do AoS.

 

But this is some bad planning..

[Boiler 45,965]

More likely entered on a K2 and nothing else was done.

[NJ93 6]

All,

 

I'm slow at  typing  and got my lingo mixed up. I didn't think you needed to much background. Okay. My fiancé came here on a K1, we got married she got her temp work travel card. she went back to her country brought the kid back on  a K2 visa. Not a travel visa. He is here legally but out of status. Now I want to get him his green card. I just want to know what steps costs and time it can take. I hope this clarifies things. Thanks again

 

Boiler you are correct

Edited April 8, 2018 by NJ93

[NikLR 13,232]

Oh file for his adjustment of status  

pretty much the same as a K1 adjustment. 

Edited April 8, 2018 by NikLR

[JFH 12,191]

*~*~*moved to AOS*~*~*

 

You need to start the AOS process immediately. Borrow the money if you have to. Now is not a good time to be out-of-status. 

[qtime 24]

If the child came on a k2 visa you have until they turn 21 years of age. Read the instructions . Just a few months ago I adjusted the status of our 17 year old and 9 year old. You submit a i485 and I 864 along with the noa for the i129. We waited for Mom to get her 10 year green card. We just got the girls 10 year green cards this week. The oldest had to do the bio meterics but did not get an interview. We waited 5 years to do there aos.   I wish we could have done sooner and I recommend it should be done sooner but you have until they turn 21. It is all on the I 485 instructions. That is my two cents.