AOS for wife and daughter

[durden2128 4]

I have my  new wife who is a K1, and new stepdaughter who is a K2. Do I have to apply for AOS for both at same time or can I apply/pay for one and then later do the other ? They are over $1200 each which is why I was asking. I'm assuming I'm probably going to have to apply for AOS for both of them at same time since her daughter is a minor and is enrolled in school now.

[Dutchster 1,107]

Not AOSing will leave both out-of-status. Their visas expired as they entered the US and are now in legal status just because of their I-94. Once that one expires, they are technically seen deportable. (No legal status in the US) 

 

 

Hence, it happens A LOT that people can’t afford AOS after moving here on a K-1 visa. But the longer you not AOS, the longer she cannot drive or work and will be out of legal status. 

[durden2128 4]

Dutchster,

 

I appreciate the answer. But it still leaves me confused to my original question. Can I apply for AOS for just my wife, or do I have to apply for both at the same time ?

 

 

[Boiler 45,657]

You should apply for both, of course you do not need to apply for either.

 

Priorities.

[Dutchster 1,107]

Both.

[Dashinka 24,589]

This may help.  USCIS says it should be both at the same time.

 

If You are Present in the United States as a K-1 Fiance(e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

If You are Present in the United States as K-2, the Minor Child of a K-1 Fiance(e)

You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent's eligibility to adjust. There are some special rules as to how long you can seek adjustment. Please refer to the related sections below under “Other considerations” for additional information.

 

https://www.uscis.gov/greencard/fiancees

 

Good Luck!

[aleful 1,905]

you should but you can file for only one and one later

 

but if your stepdaughter is a minor, the i485 will be a little cheaper when filed at the same time