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zinger143

Did k1 & k2- can I only aos for k2?

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Long story short I married my fiancé and it turns out he lied about everything and is sending money back home to do all kinds of shady things and has another woman at home he's sending money to. However his daughter is up here and I don't want her to get hurt in the process. I would be willing to adjust status and keep her but I'm not willing to adjust status for him. Can I do that? It's my stepdaughter...

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Always something new.

I thought not but I am not sure that is correct, you could apply for an immigrant visa for her alone.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Not sure it's possible but for sure I'd assume you'd need her dad's approval though, to be allowed to keep her in the US.


Met online October 2010


Engaged December 31st 2011


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September 8th 2014 - Filed I-130 with Nebraska Service Center


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I would also assume he would have a say in her obtaining a visa, depending on her age of course. She is a minor I can't see him agreeing to it without him getting his, but stranger things have happened, maybe he is unselfish when it comes to his child and sees a better life for her here than what she would have with him back in their home country, who really knows until the subject is on the table with all parties involved.

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How are you planning on adjusting her without her dad's permission? Even if you could just legally adjust her, you will still need parental consent.

Why would he let you adjust his daughter without adjusting him? What legal authority would allow you to apply to adjust her without parental consent?

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Both Parents have already agreed for her to immigrate, she is here.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Both Parents have already agreed for her to immigrate, she is here.

Dad still needs to sign off on any adjustment of status.

Parents can revoke their permission at any time.

Please explain how the OP can adjust the child over dad's objection?

Pretty sure that the biological parents gave permission for the child to come live in the U.S. with Dad. That permission was conditional on Dad getting to legally stay. So how is that permission still valid when stepmom changes the plan?

Edited by aaron2020

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Dad wouldn't have a problem with me adjusting her status and not his- he rather her stay and have a better life and he's considering just overstaying the visa- I'm not worried about him because he will go back and stay in his country eventually but I don't want to mess up her chances because she could have a real life here- but her dad and I aren't working out-- so if I could adjust her status as her stepmom that would be great- but my question is- is the k2 is dependent on the k1? If I don't aos for the k1- can I still aos for k2 as the stepmom?

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For some reason I thought the k2 was dependent on the k1 but can not find where it says that.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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K2 AOS is dependent on K1 AOS. If the K1 AOS is not done (i.e., K1 did not marry USC petitioner), the K2 AOS cannot be done.

K-2's Status and Rights Post-Adjustment
check.gif A K-2's status is entirely dependent on the K-1's status. If the K-1 doesn't marry the US citizen petitioner then neither the K-1 nor the K-2 can adjust status. If the K-1's AOS is denied then the K-2's AOS is automatically denied. K-2's are conditional residents for the first two years, just like K-1's. K-2's need to apply for removal of conditions just like K-1's. If a K-1's removal of conditions is denied then the K-2's is denied, as well.

check.gif There are some exceptions to the above. A K-2 can't apply for US citizenship after three years, while a K-1 who remains married to the US citizen can. A K-2 has to wait five years, just like most other LPR's.

check.gif Once a K-2 successfully removes conditions then their status is no longer dependent on the K-1 parent's status.

Source: VJ K2 AOS Tip Guide; Form I-485 instructions, page 2

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

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Long story short I married my fiancé and it turns out he lied about everything and is sending money back home to do all kinds of shady things and has another woman at home he's sending money to. However his daughter is up here and I don't want her to get hurt in the process. I would be willing to adjust status and keep her but I'm not willing to adjust status for him. Can I do that? It's my stepdaughter...

Divorce him and send both of them home.

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