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kennym

Child adjustment of status-from Tourists Visa

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Filed: K-1 Visa Country: Colombia
Timeline

All

Please dont jump on me for trying to scam the system.. this is a honest question..

My step daughter visiting on a tourist visa is 12 years old.. she lives with her biological father in Colombia, but is here visiting her Mom (my wife - US Resident)...

Her father, has asked if we can arrange for her to stay here.. it turns out his wife doesnt get along with my step daughter and her father feels it would be better for my wifes daughter stay here...

So, is there a legal pathway to adjust status to Resident.. also, my wife is now eligible to apply for citizenship since June of this year (if that makes any diference in your answers)

Please, we are looking to follow the rules and we are asking to know if there is any special considerations for a minor child who is legally my step daughter and the biological daughter of a LPR-soon to be USC...

Thanks in advance for any help...

Kenny

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You are not scamming the system, so don't worry about that. Since you married her mom while she is under 18, she is your child for immigration purposes. Therefore you can petition her now and don't have to wait for her mom to become a USC.

You will submit the I-130 which is what establishes the relationship for immigration purposes, the fee is $420. Together with that you can file the I-485 which lets her adjust her status from a visitor to an LPR, the fee for that is is $985 since she doesn't pay the biometrics fee. Plus whatever evidence and forms are required for these.

You should also submit the I-765 and the I-131 for an EAD/AP doc. Both forms are free to file and it's good to have just in case. The EAD can be used to get an SSN for the child and the AP in case she has to travel outside the US while the AOS is pending.

Also if her mom becomes a USC before the AOS is approved, her daughter will automatically become a USC once the AOS is approved. If she becomes a USC after the AOS is approved, her daughter would become a USC on the same day she naturalizes.


This does not constitute legal advice.

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Since she is 12 its "just" cost $635

Age 13 or 14 you pay the $985

I just filled for my wife and stepson he is 10 cost $635

You can read the exactly amount on the instruction for I- 485

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Since she is 12 its "just" cost $635

Age 13 or 14 you pay the $985

I just filled for my wife and stepson he is 10 cost $635

You can read the exactly amount on the instruction for I- 485

That is if a spouse and child are AOSing together and does not apply here. The fee for this child will be $985 for the I-485 and $420 for the I-130.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Colombia
Timeline

Guys, Thanks very much for everyones response... Just so I am clear... I want to ask this;

  • Can we complete the process legally if her child remains in the country with a tourist visa?
  • Can we perform an adjustment of status since she only has a tourist visa while she remains here in the USA?

Just need to be clear since I dont want to do anything to hurt her chances with the law...

Thanks

Again... Kenny

Edited by kennym

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Guys, Thanks very much for everyones response... Just so I am clear... I want to ask this;

  • Can we complete the process legally if her child remains in the country with a tourist visa? Yes.
  • Can we perform an adjustment of status since she only has a tourist visa while she remains here in the USA? Yes.

Just need to be clear since I dont want to do anything to hurt her chances with the law...

Thanks

Again... Kenny


This does not constitute legal advice.

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