k1 overdue with complications

[Ariana13 0]

i have a question. my friend(us citizen) invited his baby mama from another country on k1.she brought his kid with her. she came in novemebr and now it's almost september.and they are still not married.what is going to happen with the baby ( born outside the usa, 10y.o.)?and one more question can they still marry?

[I+H 11]

i have a question. my friend(us citizen) invited his baby mama from another country on k1.she brought his kid with her. she came in novemebr and now it's almost september.and they are still not married.what is going to happen with the baby ( born outside the usa, 10y.o.)?and one more question can they still marry?

Since last November 2010?

If they got married now, they could try and go ahead and adjust status but since she has been here several months illegally they may deny it. It is the only option to try and obtain legal status at this point.

As far as the child, that I am unsure. I would assume though that there must be a way for him to obtain legal status for the child without the child being deported, but how I do not know. I am sure someone else will and hopefully be able to give you clear more step by step advice. Good luck.

[Harpa Timsah 13,263]

Yes, they can still marry. They would then file a CONCURRENT I-130/I-485 application. The overstay would be irrelevant/forgiven.

[Ariana13 0]

and is it possible to provide a legal status for a baby still being unmarried?and in case of mom's deportation the baby should go back with her mom?

[Kathryn41 3,207]

Are you saying his son is now 10 years old? Was the father a US citizen when the boy was born? If so, even though the child was born outside of the US, if the father was a US citizen when the child was born, the child is also a US citizen. To come to the US, he would have received proof of this before his arrival.

If the father was not a US citizen when the boy was born, then the child entered the US with his mother on a K-2 visa (a dependent of the K-1). Both of them are currently out of legal status in the US.

The parents were required to get married within 90 days of her arrival in the US. She and her son would then have applied to become Permanent Residents by filing a petition known as Adjustment of Status (AOS). The Permanent Resident status would be based upon fulfilling the terms of the K-1 visa.

Since they didn't get married within the 90 days, the K-1 visa option is no longer available to adjust status. But - and this is important - there is another option available. Yes, they can still get married, but in addition to the application to adjust status (also known as getting a green card), the husband would also have to file another sponsorship form to sponsor his wife - and if his son isn't a US citizen -a sponsorship form for his son.; This is an I-130 form. He also has to pay the fees for the two forms in addition to the AOS fees.

It is important that if they do this, the mother and son do not leave the US until they get their green cards. If they do, even if they receive travel permission from the government, they will not be allowed back into the US for 3 years since they were out of status for more than 180 days but less than a year.

Also important to know - once the AOS petitions are filed and received by USCIS (US Immigration), the wife and the son will have legal status once again in the US.

I hoe this helps your friend.

Edited August 24, 2011 by Kathryn41

[Ariana13 0]

Since last November 2010?

If they got married now, they could try and go ahead and adjust status but since she has been here several months illegally they may deny it. It is the only option to try and obtain legal status at this point.

As far as the child, that I am unsure. I would assume though that there must be a way for him to obtain legal status for the child without the child being deported, but how I do not know. I am sure someone else will and hopefully be able to give you clear more step by step advice. Good luck.

yes, since 2010

[VanessaTony 3,567]

and is it possible to provide a legal status for a baby still being unmarried?and in case of mom's deportation the baby should go back with her mom?

The baby is a USC (I assume given your post) and therefore wouldn't be deported. It would be up to the parents/courts to figure out custody. If dad won't sign permission for the kid to leave, it can't... normally (lots of factors to consider).

[I+H 11]

Since they didn't get married within the 90 days, the K-1 visa option is no longer available to adjust status. But - and this is important - there is another option available.

Learn something new everyday. I have seen cases where AOS wasn't filed until months after the 90 days, but in light of your answer I am assuming the marriage must at least take place within the 90 days?

[Ariana13 0]

The baby is a USC (I assume given your post) and therefore wouldn't be deported. It would be up to the parents/courts to figure out custody. If dad won't sign permission for the kid to leave, it can't... normally (lots of factors to consider).

The baby is not usc ( was born before the father vas granted a citizenship)

[VanessaTony 3,567]

The baby is not usc ( was born before the father vas granted a citizenship)

Well unless he's filed papers for the baby to gain USC thanks to him (i think it's N600.. I'm not entirely sure) then yes, the child can be deported as well.

[Ariana13 0]

Well unless he's filed papers for the baby to gain USC thanks to him (i think it's N600.. I'm not entirely sure) then yes, the child can be deported as well.

can he do it without getting married?

[Kathryn41 3,207]

Learn something new everyday. I have seen cases where AOS wasn't filed until months after the 90 days, but in light of your answer I am assuming the marriage must at least take place within the 90 days?

In order to adjust status based upon a K-1 visa, yes the marriage needs to have taken place within 90 days even if the AOS isn't filed until later - I think up to 2 years later.

If they didn't get married within the 90 days or if they got married within the 90 days but didn't file for AOS until more than 2 years later, then they cannot adjust status based upon the K-1. They need a new 'eligibility'. This is provided through filing the I-130 petition for a family member - in this cases, spouse and son. The I-130 basically takes the place of the I-129f.

[VanessaTony 3,567]

can he do it without getting married?

As far as I'm aware yes, I don't see why not but it would be a a**hole move to separate the mother from her child like that. Hopefully you just mean that he wants to apply for the child if the child wants to come back some day because it sounds to me like he doesn't give two hoots about his fiancee and is now trying to keep the child and get her deported.

[Ariana13 0]

As far as I'm aware yes, I don't see why not but it would be a a**hole move to separate the mother from her child like that. Hopefully you just mean that he wants to apply for the child if the child wants to come back some day because it sounds to me like he doesn't give two hoots about his fiancee and is now trying to keep the child and get her deported.

they didnt marry as far as i know cuz he doesnt have enought money for now for all applications.will it be a complication in their case that they overdued time limits?

[Ariana13 0]

thank you for your help !!