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rica30

Still undecided whether or not to include K-2 in my ROC

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Hello,

I am losing my mind :-( I am nearing the deadline in submitting my ROC. Just to give you an overview, I got pregnant and gave birth to my daughter while I was still in the Philippines. The father is a U.S citizen and he petitioned me with a K-1 fiancé visa and our daughter with a K-2 visa. The reason he did not file for CRBA Report of birth abroad is because he does not meet the criteria, (must acquire at least 5 years of stay in the U.S. After the age of 14) he has been residing most of his life in the Philippines and the reason he gained citizenship is because he was born in LA. Or in U.S soil.

Fast forward, I was able to file for AOS and our daughter has not (Long story). Her AOS papers are now with USCIS and it is still pending. We seeked and we are working with a lawyer for her case because it got complicated as we waited too long to file for her AOS.

Right now, the same lawyer who is working on my daughter's case wants me to include her in my ROC. I just don't know if this is the way to go since she has not even been granted AOS, what is there to "remove"? Plus everywhere I search, I keep reading that a K-2 is only able to file jointly with a K-1 for ROC if they achieved permanent resident status at the same time the K-1 did or WITHIN 90 days after. But this is what my lawyer said as to why I should include Aria (our daughter who came in with a K-2) in my ROC

"Aria is subject to the same period two-year conditional permanent residency as Rica. Even if she does not yet have a Green Card, she came to United States as Rica's dependent child after you filed an I-129F petition for Rica, who was your fiance at the time. Aria's visa was issued based on the same I-129F petition as the petition filed for Rica, and her U.S. Permanent Residency is subject to the same conditions as Rica's.

Therefore, please do not forget to list Aria on the I-751 Petition, as I instructed Rica."

Please help. :-(

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I think this lawyer is wrong. I think whether your daughter is a conditional permanent resident is based on how long your marriage has been at the time she gets permanent residency, and even if she becomes a conditional permanent resident, she would have to remove conditions 2 years after she gets it, not at the same time as you.

(must acquire at least 5 years of stay in the U.S. After the age of 14)

You mean, 5 years total, including 2 years after turning 14, right?

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Yes, my mistake, 5 years including 2 years after the age of 14 which he does not meet. We already computed all the years he has been / stayed in the United States and it only added to 3 years and a few months.. (This is before our daughter was born and before we all decided to move and live in the U.S.)

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