Adjustment from Tourist Visa

[angie & abed 1]

I have a question about a person adjusting status after marriage. The person is here on a tourist visa and found a long lost love (who is a US citizen), they are both free to marry now and really want to, and probably will at this point. I know the person can adjust status from a visitor visa to a conditional resident green card, however, the person has a 17 year old son overseas, how does this person include the child on the AOS application? Will he be able to come to the US immediately since his parent is here? I hope this isn't too confusing...Any information or a turn in the right direction on how to find the answer will be greatly appreciated.

Thanks,

Angie

[Boiler 43,581]

If he is under 18 when they marry then the USC step parent can file for him.

[Penguin_ie 5,986]

The son will need a visa. If they marry before his 18th birthday, the USC stepdad can petition him, the process will take 9-12 months.

[Jojo92122 1,924]

I have a question about a person adjusting status after marriage. The person is here on a tourist visa and found a long lost love (who is a US citizen), they are both free to marry now and really want to, and probably will at this point. I know the person can adjust status from a visitor visa to a conditional resident green card, however, the person has a 17 year old son overseas, how does this person include the child on the AOS application? The child will be listed on the AOS application as the child of the foreign spouse, but the child cannot be included in the AOS. AOS is only for people in the US; the child does not qualify since the child is outside the US.

Will he be able to come to the US immediately since his parent is here? No. There is no way for the child to come immediately.

If the US citizen marry the foreign parent before the child's 18th birthday, the US citizen parent can petition for the child. This will take about 6-12 months.

If the US citizen marry the foreign parent after the child's 18th birthday, the US can never file anything for the child. Once the foreign parent becomes an LPR, the parent can file for the child. This will take 3 years.

I hope this isn't too confusing...Any information or a turn in the right direction on how to find the answer will be greatly appreciated.

Thanks,

Angie

Edited October 17, 2011 by Jojo92122

[angie & abed 1]

Thanks for the information! I appreciate you guys taking the time to help me out!