L-1A (L1)/L-2 (L2) Adjustment of Status for Stepchild

[thingamajig 0]

Hi,

 

I'm new to the forum; I have ben trying to find some help at not avail so far.

 

I'm a L-1A visa holder; my 15-year-old daughter is a L-2 visa holder. We have been in the States for a little over three years now. I recently got married to my wife; we had been together for over a year and engaged for a few months. I have been reading and educating myself about the Adjustment of Status process; I believe I have it down for the most part - all forms and evidence we need but there's something that's confusing/misleading me:

1. I filled form I-485 for my daughter
2. I cannot find anywhere what 'Application Type or Filing Category' (Part 2.) I have to select for her; I only know she's a 'Derivative applicant'
3. On page 23 of the I-485 instructions, 'Additional Instructions for Family-Based Applicant' under the 'Immediate relative of a U.S. citizen (Form I-130, Petition for Alien Relative)' it says: "Derivative applicants are not allowed in this category"

 

If I'm not mistaken, my daughter is my wife's stepdaughter now. According to what I have read, my daughter qualifies as a child of my wife but given my daughter is a 'Derivative Applicant', my question is, what is the Application Type or Filing Category I should select or enter for her? This is the only thing that's holding us off from submitting the petitions.

 

Any help or guide you can provide is appreciated.

 

Thank you.

[Duke & Marie 1,389]

1 hour ago, thingamajig said:

Hi,

 

I'm new to the forum; I have ben trying to find some help at not avail so far.

 

I'm a L-1A visa holder; my 15-year-old daughter is a L-2 visa holder. We have been in the States for a little over three years now. I recently got married to my wife; we had been together for over a year and engaged for a few months. I have been reading and educating myself about the Adjustment of Status process; I believe I have it down for the most part - all forms and evidence we need but there's something that's confusing/misleading me:

1. I filled form I-485 for my daughter
2. I cannot find anywhere what 'Application Type or Filing Category' (Part 2.) I have to select for her; I only know she's a 'Derivative applicant'
3. On page 23 of the I-485 instructions, 'Additional Instructions for Family-Based Applicant' under the 'Immediate relative of a U.S. citizen (Form I-130, Petition for Alien Relative)' it says: "Derivative applicants are not allowed in this category"

 

If I'm not mistaken, my daughter is my wife's stepdaughter now. According to what I have read, my daughter qualifies as a child of my wife but given my daughter is a 'Derivative Applicant', my question is, what is the Application Type or Filing Category I should select or enter for her? This is the only thing that's holding us off from submitting the petitions.

 

Any help or guide you can provide is appreciated.

 

Thank you.

She may have become a dependent of sorts... but it’s my understanding that she’s still your child and isn’t classed as your wife’s child unless adopted, since she is by actual fact the child of her natural mother.. (could be wrong) 

[Duke & Marie 1,389]

Actually, I think maybe delete my last... your wife might have to file 2 petitions one for each of you... not as secondary..

[thingamajig 0]

2 hours ago, Duke & Marie said:

Actually, I think maybe delete my last... your wife might have to file 2 petitions one for each of you... not as secondary..

Thank you for taking the time to help me.

 

i don’t think this is a possibility. My daughter’s benefits would derive from mine so she cannot be a primary applicant.

[milimelo 4,477]

2 hours ago, thingamajig said:

Thank you for taking the time to help me.

 

i don’t think this is a possibility. My daughter’s benefits would derive from mine so she cannot be a primary applicant.

She may derive benefits from YOUR visa but you both are deriving benefits from your USC wife so there's no primary or secondary. You both need individual I-130s and I-1485s and everything else that comes with it - I-864, I-693 and similar. 

[Chancy 6,241]

5 hours ago, thingamajig said:

i don’t think this is a possibility. My daughter’s benefits would derive from mine so she cannot be a primary applicant.

 

No, there is no AOS category for child of L1 visa holder.  Your daughter will not be deriving benefits from you to adjust status.  Her AOS will be based on your wife's petition (form I-130) for her as an immediate relative of a US citizen.  So, filing category should be: Principal applicant, 2a - unmarried child under 21 of a USC.

 

[thingamajig 0]

6 hours ago, milimelo said:

She may derive benefits from YOUR visa but you both are deriving benefits from your USC wife so there's no primary or secondary. You both need individual I-130s and I-1485s and everything else that comes with it - I-864, I-693 and similar. 

Thank you very much!!!

3 hours ago, Chancy said:

 

No, there is no AOS category for child of L1 visa holder.  Your daughter will not be deriving benefits from you to adjust status.  Her AOS will be based on your wife's petition (form I-130) for her as an immediate relative of a US citizen.  So, filing category should be: Principal applicant, 2a - unmarried child under 21 of a USC.

 

Thank you so very much!!! Really appreciate it!