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Green card holder file aos for K2 already in country?

By Virgago in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Virgago Newbie

Virgago   0

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I'm just looking for verification that a green card holder who came to the US as a K1 can file an aos for her son who came to the US as a K2 at the same time. She would rather file it without the original petitioners assistance. The son is unmarried and under 21. 

 

Is this possible? Any issues to watch out for? 

 

TIA

K1visaHopeful Experienced

K1visaHopeful   2,878

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Filed: Lift. Cond. (apr) Country: Canada
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7 minutes ago, Virgago said:

I'm just looking for verification that a green card holder who came to the US as a K1 can file an aos for her son who came to the US as a K2 at the same time. She would rather file it without the original petitioners assistance. The son is unmarried and under 21. 

 

Is this possible? Any issues to watch out for? 

 

TIA

You'll need your USC spouse to be your original sponsor for both of you on the I864's.

Or wait....do you mean you have waited to file AOS for your K2?

Edited by K1visaHopeful
Virgago Newbie

Virgago   0

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8 minutes ago, K1visaHopeful said:

You'll need your USC spouse to be your original sponsor for both of you on the I864's.

Or wait....do you mean you have waited to file AOS for your K2?

We both traveled here together. We filed for my aos last year and I have my green card but we didn't file for my son yet. I want to file for his aos on my own without my usc spouse. 

Liam2021 Proficient

Liam2021   587

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Filed: IR-1/CR-1 Visa Country: Vietnam
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1 minute ago, Virgago said:

We both traveled here together. We filed for my aos last year and I have my green card but we didn't file for my son yet. I want to file for his aos on my own without my usc spouse. 

The USC spouse has to do it.

SalishSea Grand Master

SalishSea   18,126

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Filed: Lift. Cond. (apr) Country: New Zealand
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31 minutes ago, Virgago said:

We both traveled here together. We filed for my aos last year and I have my green card but we didn't file for my son yet. I want to file for his aos on my own without my usc spouse. 

So your son is currently out of status?  Doesn't that worry you?

arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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47 minutes ago, Virgago said:

We both traveled here together. We filed for my aos last year and I have my green card but we didn't file for my son yet. I want to file for his aos on my own without my usc spouse. 

Not a good decision. If you are talking about affidavit of support, No additional documents  from your spouse were required to send your son’s AOS along with yours.

 

Even now you cannot be the primary sponsor. It has to be from your spouse as he is the original petitioner and you still the primary beneficiary. I693 may also be required now depending on when the medical was done for k2 interview.

 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

 
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