AOS of k2

[seanjay_11 0]

hello everyone, this is my question regarding adjustment of status, do we need to apply AOS for my son (k2) which also the biological son of my fiance. because we are going to apply N600 for him , for acquiring US citizenship.. thank you )

[JimVaPhuong 4,863]

hello everyone, this is my question regarding adjustment of status, do we need to apply AOS for my son (k2) which also the biological son of my fiance. because we are going to apply N600 for him , for acquiring US citizenship.. thank you )

More details, please. Are you the petitioner? Are you the biological father of the K2? Is that the basis you're using to file an N-600? If so then your son never should have gotten a K2. His birth should have been reported at the US consulate, and he should have gotten a US passport. Someone with a claim to US citizenship is not eligible for a visa.

[seanjay_11 0]

hi,, im the mother, we use k1 and k2, the time i gave birth my fiance (the petitioner) is not yet a US citizen. now were going to enter US using k1 and k2, i just wanna know if im going to file adjustment of status for our son? or directly file N 600.. thanks

[JimVaPhuong 4,863]

hi,, im the mother, we use k1 and k2, the time i gave birth my fiance (the petitioner) is not yet a US citizen. now were going to enter US using k1 and k2, i just wanna know if im going to file adjustment of status for our son? or directly file N 600.. thanks

Ok, so your son was born before your fiance became a US citizen. After he became a US citizen he petitioned for a K1 visa, and you also applied for a K2 for your son. Now you are both coming to the US with a K1 and K2 visa. Do I have this correct?

Your son is eligible for US citizenship through his father. However, in order to get citizenship he must be "admitted as an immigrant" to the United States. A K2 is a non-immigrant visa. He won't be officially admitted as an immigrant until he applies and is approved for adjustment of status. At that point, he becomes an immigrant and acquires citizenship through his father.

So, yes... you must submit an AOS application for your son. Submit the N-600 after his AOS is approved.

[seanjay_11 0]

Thank you sooo much!! )