Jump to content
Sign in to follow this  
ichirensha

Must you adopt dependent of K-1 visa?

8 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: China
Timeline

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!

Share this post


Link to post
Share on other sites
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.


AOS

May 13 2008 (Day 1) - I-130/I485/I864/I765 Sent Via USPS for my new wife and step-daughter

May 23 2008 (Day 11) - Checks Cashed!

May 24 2008 (Day 12) - Received NOAs for I-130s/I-485s/I-765

May 27 2008 (Day 15) - Received Biometrics Appointment for June 12th @ 1PM at Tampa Office

June 12 2008 (Day 31) - Biometrics conducted in Tampa USCIS office also I-485 and I-765 TOUCHED!

June 18 2008 (Day 37) - I-130s and I-765 TOUCHED

June 24 2008 (Day 42) - That touch was actually an RFE letter being mailed. RFE for I-864 Evidence

July 16 2008 (Day 64) - Finally mailed back RFE letter with requested evidence

July 18 2008 (Day 66) - RFE Evidence delivered! Signed for by M. Miles

July 22 2008 (Day 70) - I-1485s TOUCHED and Received E-mail "Case Processing Resumed"

August 14 2008 (Day 93) - EAD Card Production Ordered!

August 15 2008 (Day 94) - I-765 TOUCHED

August 19 2008 (Day 98) - I-765 "EAD Approval Notice Mailed"

August 20 2008 (Day 99) - EAD CARD ARRIVED! - Applied for Social Security Number!

August 26 2008 (Day 105) - Received SSN - Took tests at DMV for License - Told license will arrive within 30 days by Mail

September 22 2008 (Day 132) - Received Driver License in mail - They sure took their time mailing that out!

October 11 2008 (Day 151) - Received Interview Letter for November 19th @ 7:00 AM

November 6 2008 (Day 177) - I-485s and I-130s TOUCHED

November 19 2008 (Day 190) - Had interview, APPROVED! Interview took less than 10 minutes

December 5 2008 (Day 206) - GREEN CARDS ARRIVE!!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: China
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: Other Country: United Kingdom
Timeline
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.

Share this post


Link to post
Share on other sites
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.


US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: China
Timeline
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=


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
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


YMMV

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...