Child of K1, without K2

[ghunt2121 1]

First, If there's a better place to post this issue, please advise.

The basic question is (although related to a K1/K2 situation), is it possible to convert a tourist visa to permanent residency?

Here's the details:

My wife entered the US (K1), nearly a year ago, with two of her three children K2s). We are awaiting the AOS process now... it was filed late because I lost my job weeks after she entered the country and although we got married within the 90 days, I thought it useless to file AOS until I had a job again (which took 4 months!).

Anyway, unlike my wife, the one child who today still lives in Colombia with family, has a German passport; so I'm thinking he can get into the US fairly easily as a German citizen. Right? So then we go back to the original question. Under these circumstances (mother and two brothers are here under K1/AOS), what hurdles are we going to face getting AOS going for him?

Thanks

Edited April 25, 2012 by ghunt2121

[Enigma11561 336]

How old is the child?. Over or under 21?

[ghunt2121 1]

How old is the child?. Over or under 21?

Sorry -- forgot that detail -- he's 17 -- birthday is Jan, 1995

[Gary and Alla 3,694]

First, If there's a better place to post this issue, please advise.

The basic question is (although related to a K1/K2 situation), is it possible to convert a tourist visa to permanent residency?

Here's the details:

My wife entered the US (K1), nearly a year ago, with two of her three children K2s). We are awaiting the AOS process now... it was filed late because I lost my job weeks after she entered the country and although we got married within the 90 days, I thought it useless to file AOS until I had a job again (which took 4 months!).

Anyway, unlike my wife, the one child who today still lives in Colombia with family, has a German passport; so I'm thinking he can get into the US fairly easily as a German citizen. Right? So then we go back to the original question. Under these circumstances (mother and two brothers are here under K1/AOS), what hurdles are we going to face getting AOS going for him?

Thanks

You cannot undo your other mistakes but he cannot adjust from a tourist visa. Unlike a spouse who can "claim" that "Oops I was here as I tourist and just decided to marry this wonderful guy I just met while on vacation", her son cannot do that. He should have been included on the I-129f petition and a K-2 filed for within one year of your spouses K-1. So...

1. IF he was listed on the I-129f AND it has been less than one year since your wife was issued her visa then you can call the consulate and make an appoitnment for him to do a K-2 to follow. Then adjust his status when he arrives.

2. IF he was not listed on the petition OR it has been MORE than one year since your wifes' visa was issued, AND he was under age 18 when you married his motherAND he is still under age 21...you can file an I-130 for a CR-2.

IF he was not listed, it has been more than one year since her visa and he was OVER 18 when you married...you are SOL. He can visit on the VWP.

[Gary and Alla 3,694]

Sorry -- forgot that detail -- he's 17 -- birthday is Jan, 1995

Good.

Now, was he listed on the I-129f and has it been less than one year since it was issued? If so then call the consulate and schedule a K-2 appointment. His K-2 must be issued within 1 year of when your wife's K-1 was issued.

If it has been more than 1 year, file an I-130 for him. Takes about 10-12 months and includes a green card when he arrives.

[ghunt2121 1]

Good.

Now, was he listed on the I-129f and has it been less than one year since it was issued? If so then call the consulate and schedule a K-2 appointment. His K-2 must be issued within 1 year of when your wife's K-1 was issued.

If it has been more than 1 year, file an I-130 for him. Takes about 10-12 months and includes a green card when he arrives.

As I recall (nearly two years ago) he was listed on the I-129f, but there was a Yes/No option for each child regarding "To follow" and he was marked "No" as we did not plan on him coming so soon. But his situation has deteriorated there and we need to bring him here sooner rather than later.

In any case, The K1 was issued in June of 2011 so I don't think he can get an appointment and get it all done within the year that you indicated -- that would be like 5 or 6 weeks from now. What think you? Go for the I-130?

[Mononoke28 134]

As I recall (nearly two years ago) he was listed on the I-129f, but there was a Yes/No option for each child regarding "To follow" and he was marked "No" as we did not plan on him coming so soon. But his situation has deteriorated there and we need to bring him here sooner rather than later.

In any case, The K1 was issued in June of 2011 so I don't think he can get an appointment and get it all done within the year that you indicated -- that would be like 5 or 6 weeks from now. What think you? Go for the I-130?

You need to file an I-130 for him as his stepfather since you married his mother when he was still under 18 years of age. The process takes between 9-12 months.

Diana