K-1 leaves K-2 behind in the USA with USC parent

[AdventureDisdain_ 1]

Hello everyone, I am a first time poster here

 

I came to the USA on a K-2 visa about 15 years ago. I am 18 now. My parents married within 90 days. I have no clue whether my bioparent (immigrant) filed for AoS or not, but I'm going to say that she didn't. Either way, she left the USA a year later after their marriage and I ended up staying with my stepparent (USC) 

How am I affected as a K-2? As far as I know, I don't think I'll be able to adjust status since I've read that my status relies entirely on her. My stepparent says otherwise because my bioparent has a SSN but I also read that SSN doesn't really matter since it only affects taxes or something. I want to convince my stepparent to get a consultation with an immigration attorney but he might say its too expensive and a waste of time. Not sure what else to do except accept my fate. Just want to know if there is anything I could possibly do or if there is actually hope and I'm just all doom and gloom

[SalishSea 17,077]

31 minutes ago, AdventureDisdain_ said:

Hello everyone, I am a first time poster here

 

I came to the USA on a K-2 visa about 15 years ago. I am 18 now. My parents married within 90 days. I have no clue whether my bioparent (immigrant) filed for AoS or not, but I'm going to say that she didn't. Either way, she left the USA a year later after their marriage and I ended up staying with my stepparent (USC) 

How am I affected as a K-2? As far as I know, I don't think I'll be able to adjust status since I've read that my status relies entirely on her. My stepparent says otherwise because my bioparent has a SSN but I also read that SSN doesn't really matter since it only affects taxes or something. I want to convince my stepparent to get a consultation with an immigration attorney but he might say its too expensive and a waste of time. Not sure what else to do except accept my fate. Just want to know if there is anything I could possibly do or if there is actually hope and I'm just all doom and gloom

So your stepparent allowed all this time to elapse without doing anything at all?  SSN has no bearing on it whatsoever.

 

Your stepparent absolutely needs a lawyer.

[AdventureDisdain_ 1]

He's convinced he doesn't need one because he "knows how to fill out all the forms"

[jackiegringa 409]

55 minutes ago, AdventureDisdain_ said:

My stepparent says otherwise

Ok but what's his plan for your adjustment of status? He had 15 years to figure this out, from your post it seems like you are now aware of the situation and it is pursuing it yourself. If he was to file it he should and could have done it around the time of marriage to your mom. You can try a FOIA request to see if her AOS was ever filed, might be tricky but can't hurt.

 

This absolutely needs a lawyer, sometimes consultations are free but even it it isn't this is your future in the US. It is an unusual situation and it is being filed decades after the fact, this is not diy. I'm sorry the adults around you have failed to do your immigration paperwork.

[AdventureDisdain_ 1]

7 minutes ago, jackiegringa said:

Ok but what's his plan for your adjustment of status? He had 15 years to figure this out, from your post it seems like you are now aware of the situation and it is pursuing it yourself. If he was to file it he should and could have done it around the time of marriage to your mom. You can try a FOIA request to see if her AOS was ever filed, might be tricky but can't hurt.

 

This absolutely needs a lawyer, sometimes consultations are free but even it it isn't this is your future in the US. It is an unusual situation and it is being filed decades after the fact, this is not diy. I'm sorry the adults around you have failed to do your immigration paperwork.

 

He plans to file the I-485, that's it. He said he didn't file it sooner because I was just a baby, but I don't understand what that has to do with anything. He could have just filed for my mom

 

How do I complete a FOIA request and what information do I need to access it?

[SalishSea 17,077]

28 minutes ago, AdventureDisdain_ said:

 

He plans to file the I-485, that's it. He said he didn't file it sooner because I was just a baby, but I don't understand what that has to do with anything. He could have just filed for my mom

 

How do I complete a FOIA request and what information do I need to access it?

If he’s unwilling to pay for legal counsel, at the very least ask him to join VJ.   He’s clearly ill-prepared.   It’s not just a matter of “filling in forms.”

[Dashinka 23,555]

This is an interesting situation.  Since they did get married and you were a minor at the time, it seems possible that he could petition you as a step-child which may require both an I130 and I485, but I am not sure what the marriage ending (I assume there was a divorce) affects things.  It might be worth looking into Jim Hacking on his YouTube show.  In the end, a very complicated situation, and I agree with the others, a good immigration lawyer consult should occur.

 

Good Luck!

[AdventureDisdain_ 1]

16 minutes ago, Dashinka said:

This is an interesting situation.  Since they did get married and you were a minor at the time, it seems possible that he could petition you as a step-child which may require both an I130 and I485, but I am not sure what the marriage ending (I assume there was a divorce) affects things.  It might be worth looking into Jim Hacking on his YouTube show.  In the end, a very complicated situation, and I agree with the others, a good immigration lawyer consult should occur.

 

Good Luck!

 

My bioparent and my stepparent did not divorce, actually! They are still legally married I think, except she's just not living with us and is living in the Philippines. I'm hoping the situation isn't actually as scary as I think it is, and that maybe it's considered abandonment of some kind or we just need an extra form to fill out

[Dashinka 23,555]

1 hour ago, AdventureDisdain_ said:

 

My bioparent and my stepparent did not divorce, actually! They are still legally married I think, except she's just not living with us and is living in the Philippines. I'm hoping the situation isn't actually as scary as I think it is, and that maybe it's considered abandonment of some kind or we just need an extra form to fill out

Even more interesting.  I think your step-father can in fact just file an I485 for you in this case as there is no deadline for filing the AOS package from a K1 (not sure about K2, but I expect at 21 you would age out).  I would recommend calling into Hacking's show asking the question if you can AOS from a K2 as a step-child after 17+ years?  You may need to explain that your biological parent and step-father are no longer living together, but are still married.  It may be since your bioparent did not AOS, you cannot as a K2, but you are still the step-child of a USC, that step relationship occurred prior to your 18th birthday, and you are in the US, so the I130/I485 option may be there.

 

Good Luck!

[Demise 1,163]

12 hours ago, AdventureDisdain_ said:

Hello everyone, I am a first time poster here

 

I came to the USA on a K-2 visa about 15 years ago. I am 18 now. My parents married within 90 days. I have no clue whether my bioparent (immigrant) filed for AoS or not, but I'm going to say that she didn't. Either way, she left the USA a year later after their marriage and I ended up staying with my stepparent (USC) 

How am I affected as a K-2? As far as I know, I don't think I'll be able to adjust status since I've read that my status relies entirely on her. My stepparent says otherwise because my bioparent has a SSN but I also read that SSN doesn't really matter since it only affects taxes or something. I want to convince my stepparent to get a consultation with an immigration attorney but he might say its too expensive and a waste of time. Not sure what else to do except accept my fate. Just want to know if there is anything I could possibly do or if there is actually hope and I'm just all doom and gloom

 

Since they married and there remains a stepparent-stepchild relationship between you and your USC Stepparent.

 

First and foremost you should do a FOIA to see what exactly happened. Was an I-485 filed for you, if so, was it approved, denied, etc.

If I-485 was filed and approved then you'd need an I-90 so they send you a new green card.

 

Otherwise your stepparent could file I-130 on your behalf and you will be eligible to adjust status by filing I-485. Limitations on K-2 adjustment is the same as for K-1s, you can only adjust via a petition filed by whoever got you the K-1 or K-2. That can be the original I-129F (bit late for that), I-130, or a VAWA or Widow(er) I-360.

[jackiegringa 409]

12 hours ago, AdventureDisdain_ said:

How do I complete a FOIA request and what information do I need to access it?

The FOIA.gov website and the USCIS website have explainers on how this works better:

 

https://www.foia.gov/agency-search.html?id=da7c02bc-3ae8-4a09-ad94-48fdbb2bcc6f&type=component

[beloved_dingo 1,953]

Definitely agree with doing an FOIA request. No one can tell you the best way to proceed without knowing 100% for certain what happened in the past (if anything) after your mother arrived on the K-1. 

 

Just to make 100% certain - your mom doesn't have a green card, and as far as you know, she never did?

 

[Cathi 5,636]

I agree with everyone else, FOIA.

Either way, NOT a DIY case, it's far more than knowing how to "fill out paperwork".

Best of luck and keep us updated. Most people never come back to update us and I would genuinely like to know the outcome of your case. 

[AdventureDisdain_ 1]

My stepparent and I will have a look through getting a FOIA request. It also looks much easier than looking through every box of documents to find a specific form