Must you adopt dependent of K-1 visa?

[ichirensha 0]

My fiance came, we married and a couple of months later her 16 year old son came. We succesfully obtained an adjustment of status for her but now someone has said that I must adopt the son to get an adjustment of status for him. I have never heard of this; is it true that I must adopt him? Thanks in advance for any replies!

[Wishes 2]

My fiance came, we married and a couple of months later her 16 year old son came. We succesfully obtained an adjustment of status for her but now someone has said that I must adopt the son to get an adjustment of status for him. I have never heard of this; is it true that I must adopt him? Thanks in advance for any replies!

No you don't have to adopt him. I adjusted my Wife and her daughter off of VWP. I never had to adopt her daughter. I adjusted them at the same time and they didnt ask any questions at all regarding my step daughter.

[ichirensha 0]

Thank you for the fast reply. I also tried to adjust status for my step son at the same time; however, I didn't realize I needed to send in an additional $600 for him. My wife's AOS went through fine but they never contacted me concerning my step son's AOS. I only realized much later that something was wrong. And today, I called the USCIS, where two representatives claimed I must adopt the boy first before applying for AOS.

[TayRivers 4]

Thank you for the fast reply. I also tried to adjust status for my step son at the same time; however, I didn't realize I needed to send in an additional $600 for him. My wife's AOS went through fine but they never contacted me concerning my step son's AOS. I only realized much later that something was wrong. And today, I called the USCIS, where two representatives claimed I must adopt the boy first before applying for AOS.

The 1-800 line is known as the Mis-info line they almost never give the correct advice.

You do not need to adopt your step-son you just need to file for AOS for him.

[ichirensha 0]

Thank You, Do I need to redo all the papers for him, including the affidavit of support. And how much money do I send in?

Edited December 16, 2008 by ichirensha

[sunandmoon 450]

Thank you for the fast reply. I also tried to adjust status for my step son at the same time; however, I didn't realize I needed to send in an additional $600 for him. My wife's AOS went through fine but they never contacted me concerning my step son's AOS. I only realized much later that something was wrong. And today, I called the USCIS, where two representatives claimed I must adopt the boy first before applying for AOS.

not true. been there and done AOS for K-2. I believe would need to adopt if using your last name.

[YuAndDan 153]

Thank you for the fast reply. I also tried to adjust status for my step son at the same time; however, I didn't realize I needed to send in an additional $600 for him. My wife's AOS went through fine but they never contacted me concerning my step son's AOS. I only realized much later that something was wrong. And today, I called the USCIS, where two representatives claimed I must adopt the boy first before applying for AOS.

Not true, they don't call the 800 number the misinformation line for nothing.

Son files an I-485 and checks "C" on the I-485, and attach a copy of marriage cert showing that parents have satisfied the terms of the K-1.

One positive aspect of adopting son is it is a shortcut to citizenship, son will get citizenship through the adopting US Citizen parent.

You would file an N-600 http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Lee on CFL did this: http://candleforlove.com/forums/index.php?...c=25649&hl=

[payxibka 10,044]

Thank You, Do I need to redo all the papers for him, including the affidavit of support. And how much money do I send in?

Now that you cannot file the I-485 concurrently with the K-1 holder the fee will be

$930 if under 14

$1010 if 14 or older

and yes you will submit a complete application package including affidavit of support