K-2/can you delay green card application?

[JessicaS 0]

Hi all,

Strange question, I know since everyone wants one. The issue is this....my stepkids were granted K-2 visas and they are now living with me and my husband. It takes a lot of money to fly 2 kids from Africa and have all the costs associated with getting them everything they need, etc etc. We now have a month until their 3 month extension given at the entry airport expires. However, trying to come up with $2000 after all that is difficult. Does anyone know if one can delay the green card process? Can they stay longer without applying for the green card? Any info would be appreciated.

Thanks in advance,

Jessica

[JimVaPhuong 4,863]

Hi all,

Strange question, I know since everyone wants one. The issue is this....my stepkids were granted K-2 visas and they are now living with me and my husband. It takes a lot of money to fly 2 kids from Africa and have all the costs associated with getting them everything they need, etc etc. We now have a month until their 3 month extension given at the entry airport expires. However, trying to come up with $2000 after all that is difficult. Does anyone know if one can delay the green card process? Can they stay longer without applying for the green card? Any info would be appreciated.

Thanks in advance,

Jessica

They can adjust status after their I-94 expires. Don't wait any longer than necessary, though. After their I-94 expires they'll be out of status.

[JessicaS 0]

Thanks for your reply. Just a quick follow up. If we apply after the I94 expires, can they ever get deported? Of course we'd want to adjust asap, but simply need an extra month or two to get the cash together.

Thanks again,

Jessica

[Penguin_ie 5,993]

They technically can get deported, but this is unlikely to happen unless they come to the attention of police.

[JimVaPhuong 4,863]

Thanks for your reply. Just a quick follow up. If we apply after the I94 expires, can they ever get deported? Of course we'd want to adjust asap, but simply need an extra month or two to get the cash together.

Thanks again,

Jessica

It's possible but it's not likely. DHS has a policy not to place someone in removal proceedings if they are clearly eligible to apply for an immigration benefit. However, if you have any interactions with immigration officials (ICE or CBP) then you could be forced to file the AOS right away in order to avoid possible detention. They don't have the resources to go rounding up everyone whose authorized stay has expired, but they'll take advantage of a chance encounter. Best to avoid going near any US borders or areas with immigration checkpoints, just to be safe.

Are the kids anywhere near 21 years old?

[JessicaS 0]

Thanks again for your feedback. The kids are 6 and 11.

We'll continue to try and scrounge up $$ but may have to delay if we simply can't. We'll just continue to be law abiding citizens!

Jessica