Can i file i751 (myself) and I485/I130 (my child) at the same time?

[MamaLove 0]

Hello to all of you. I just wanna know if it wont affect my filing of i751 removal of conditional green card if i will file my minor child's I485 and I130. He is out of status. We didnt adjust him together with me 2yrs ago because of some circumstances but now all the papers are ready. Is it just fine to file his papers or should i have to wait until the immigration approve my I751 removal of conditions?

Thank you for thehelp.

[NigeriaorBust 4,087]

Is your child a non AOS'd k2 or did he arrive from another path. Are you still married

[aleful 1,905]

hi

it doesn't matter, since you are only a LPR he cannot adjust status in the US. if your spouse is a USC then as his step-father can file for him if the marriage took place before his 18th birthday

children of LPR cannot adjust status in the US unless they are legally here on some type of visa. overstay is not forgiven for children of LPR, but for children or stepchildren of a USC under 21 it is.

[Penguin_ie 5,986]

***** Moving from Bringing Family to AOS from Family Visa forum *****

[Hypnos 6,576]

it doesn't matter, since you are only a LPR he cannot adjust status in the US

Unless the child entered on a K-2, in which case they can.

[MamaLove 0]

Oh im sorry. I was not clear with my post.

Yes i am still married. No, it's not me. My husband who is a USC will file for him as his stepdad. My minor child entered as a B1/B2 visa when my papers got approved as a conditional GC holder then he overstayed his visa and now my 2yrs condition is about to expire on May2014 so we will be filing the i751 within 90days before it and we're also planning to file my child's i485 and i130. Will it affect my application to ROC GC or any?

Thank you so much.

[Hypnos 6,576]

Your husband will need to petition as his step-parent then, as you indicate. Minors do not accrue unlawful presence until they turn 18, so whilst he might be out of status, he isn't accumulating unlawful presence. Either way it makes no real difference, since overstay is not penalised for immediate relatives of a US citizen, which is how you will be filing.

It shouldn't affect anything at all with regards to your RoC, but you should obviously try to file for your son ASAP.

[aaron2020 11,651]

Oh im sorry. I was not clear with my post.

Yes i am still married. No, it's not me. My husband who is a USC will file for him as his stepdad. My minor child entered as a B1/B2 visa when my papers got approved as a conditional GC holder then he overstayed his visa and now my 2yrs condition is about to expire on May2014 so we will be filing the i751 within 90days before it and we're also planning to file my child's i485 and i130. Will it affect my application to ROC GC or any?

Thank you so much.

Your child's case has nothing to do with your case. Those are two independent cases. In no way will one affect the other.

As long as your child was under age 18 when you got married and is currently under age 21, then the USC stepfather can file for him. The overstay will be forgiven for a child under age 21 who is an Immediate Relative.

If the child is over age 21, then he is no longer an Immediate Relative and his overstay will not be forgiven.

Edited December 17, 2013 by aaron2020

[MamaLove 0]

Now it is all clear to me. Thank you so much to all of you for the response. Thank you also for this site visa journey. A big help to us who dont know or have a little knowledge about the US immigration. I really appreciate it.