K2 follow to join

[Siennaamber 0]

Hi everyone just wanna ask about my k2 status .shes 7 years old and came here last April 29 and we haven’t file her AOS now her 90 days visa almost expire .what will be her status ? Is she still allowed to stay in USA ?or we need to file before 90 days expire ?please give me insight .thank you and have a nice day to all .

[AnaidAaron 42]

I'm assuming you are talking about your spouse's daughter. If you and the mother got married within 90 days, then you can file AOS for both of them at any point after that really, they will be out of status and technically deportable, and they also are not able to travel in and out of the country if they don't have AP. 

 

It is not absolutely necessary to file for AOS within the 90 days but it is highly encouraged. 

[geowrian 22,338]

To add to the above, they will have a new period of authorized stay once they file for AOS. So get going on that as soon as you can...

[Siennaamber 0]

Thank you for that info actually I’m the spouse of usc .I already got my 2years gc.my daughter(k2 follow to join ) came here last April and we haven’t filed her AOS or do we need to file her AOS before her 90 days visa expire? 

[Cyberfx1024 7,980]

3 minutes ago, Siennaamber said:

Thank you for that info actually I’m the spouse of usc .I already got my 2years gc.my daughter(k2 follow to join ) came here last April and we haven’t filed her AOS or do we need to file her AOS before her 90 days visa expire? 

You can file it before or after the 90 days is up it is up to you. Just be advised that if you do not file before the 90 day period then she is in a deportable status(it rarely happens), so you better do it sooner rather than wait for it.

[Siennaamber 0]

Awesome! Now im relief thanks .but she won’t be deported?we used the money for amergency for my dad hospital bill .now we have to save for her aos hopefully in August .🙏🏻

[geowrian 22,338]

2 minutes ago, Siennaamber said:

Awesome! Now im relief thanks .but she won’t be deported?we used the money for amergency for my dad hospital bill .now we have to save for her aos hopefully in August .🙏🏻

Once AOS is filed, if her only offense if an overstay, then she should be fine. It won't hurt her AOS case, either.

 

Also, being 7 years old it's highly unlikely that she would just be separated and deported anyway (even with this family separation debacle going on....it only applies to criminal offenses like EWI, not an overstay).

Edited June 20, 2018 by geowrian

[Siennaamber 0]

Thanks geowrian 🙏🏻☺️