K2 visa holder to green card

[sunsetinfl 0]

Please help!

 

A friend and his mom arrived in the US together on a K1/K2 visa. My friend was younger than 10 years old at the time of entry. His mom and stepdad married within the 90 days. Again, this all happened before he turned 10 years old. HIs mom and stepdad are still together and have had kids together. However, his mom and stepdad never filed for AOS for mom and him. My friend is now over 21 years old.

 

Can he file for AOS on his own without his mom?

 

Or does he need his mom to apply with him because he is a K2 derivative?

 

Is K2 still dependent in K1 at this point? I looked and it said that as long as marriage occured within the 90 days, K2 can always apply for AOS but does he need his mom to apply with him at the same time? I understand his mom needs to apply for AOS as well but l am only asking for my friend.

 

He spoke to a few attorneys (free consultations) and they said yes to applying on his own. But found out a lot of applications get denied.

 

I did some research and it said that as long as marriage between K1 and USC is bonafide and within the 90 days, visa overstay in this situation is forgivable due to marrying the USC within he 90 days and green card will be available to them granted they fill the forms out correctly and provide all documents. Is Matter of Le relevant because he entered the US before 21 and marriage occured before he was 18 years old and within the 90 days. Also, because he arrived in the US before 21 years old, he wouldnt 'age out' of getting a green card.

 

He has gotten forms together: i485, i131, i765, i864 (stepdad will fill out) and supporting documents such as i797, visa, passport, birth certificate, etc.

[Crazy Cat 41,884]

3 minutes ago, sunsetinfl said:

I did some research and it said that as long as marriage between K1 and USC is bonafide and within the 90 days, visa overstay in this situation is forgivable due to marrying the USC within he 90 days

 ANY non-immigrant who stays inside the US beyond their I-94 is out of status and subject to removal.  Marriage, itself, confers no immigration benefits whatsoever.  Once a person sumits a PROPER I-485, they are granted authorized stay in the US until the I-485 is approved or denied.

[powerpuff 6,704]

Hmmm. What an awfully familiar story. Is this your friend by any chance? 

 

Answer will remain the same - he cannot adjust on his own, not possible. 

[sunsetinfl 0]

It is, I am trying to help him out. But okay, thanks!

[powerpuff 6,704]

Just now, sunsetinfl said:

It is, I am trying to help him out. But okay, thanks!

Not sure how posting the exact same story but from a friend will change any answers. Plus, he did not bother to reply to any of the very helpful and accurate feedback. But I do wish him luck in this situation, it’s not an easy one. 

[sunsetinfl 0]

Thank you, I'll let him know!

[Ontarkie 14,226]

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