K-2 Visas & Status Change

[Rod.Arnett 0]

Hi All,

This is my first post here and I've looked through several pages in the forum to find an answer to my question with no luck. My apologies if the answer is here and I've overlooked it. Here's my situation...

My wife and I were married in December 2009. She came to the US from the Philippines on a K-1 visa that was issued October 20th, 2009. She got her Green Card in June 2010. No problems whatsoever in dealing with her situation.

She has 3 children that stayed behind in the Philippines with the intention of following later (difficult for her to do, but circumstances at the time left no choice). We were aware that the children would be automatically eligible for a K-2 visa within one year of the K-1 issuance. We did all the paperwork and arranged everything with the medical exam and consular interview and five weeks ago she went back to the Philippines to take the children through the process. Everything went smoothly and they'll all arrive here on the 13th.

Questions...

When are we required to adjust the status of the children?

Do they have 90 days from when they arrive, or only until October 20th (when the original K-1 was issued)?

If it's the latter and we miss the 20th date, what happens?

Thanks in advance.

Rod

[JimVaPhuong 4,865]

They will be out of status when their I-94's expire. They remain eligible to adjust status as derivatives of the K1 until they are 21 years old, but their adjustment of status MUST be approved before they are 21. The Child Status Protection Act does not protect them from aging out.

If their mother loses her status for any reason before the kids adjust status, then their adjustment of status cannot be approved. If their mother loses her status after the kids adjust status, but before they remove conditions, then the children also lose their status. After removal of conditions, the kids status is no longer dependent on the mother's status.

[REINITA♥REY 8]

Does anyone know if the AOS needs to be approved for the kids to enroll in school and when do they need to apply for SSN's?

[JimVaPhuong 4,865]

Does anyone know if the AOS needs to be approved for the kids to enroll in school and when do they need to apply for SSN's?

Most districts do not require proof of lawful presence for kids to enroll in K-12 public schools. There are estimated to be around 1 million EWI kids going to public schools in the US. Colleges and universities are a completely different story.

They don't NEED an SSN until they are ready to go to work, but you'll want to get them an SSN if you intend to claim them as dependents on your tax return. K2's can't apply for an SSN until they either have an EAD or a green card.