K2 AOS separate filling (unique scenario) pls help me 😭🙏🏻🙏🏻

[mjt112215 1]

My case probably is unique than the rest here. I came here in US together with my daughter March 2010. We both granted visa through K1 and she’s my K2. 

 

Here’s my timeline:

March 5, 2010- got here in US 

March 27, 2010 - got married to my fiancé 

Oct 2010 - husband and I got interviewed for Adjustment of Status - approved 

Oct 2012- field for ROC 

March 2013 - ROC approved received my 10 yr green card 

 

Now, here’s what happened during the time we’re adjusting my status... 

 

While we’re filling up the Adjustment of Status form way back in 2010 we didn’t know and we’re so dumb not to know that time that we need a separate form for my daughter. A family relative told us who claimed she know this thing... and we believe her ... told us that we didn’t need separate form for my 4 year old daughter. We listened to her. 

 

And me so we thought it’s all good. On the day of our AOS interview the IO asked us this:

 

”Where is your daughter’s AOS form?” 

 

We: “we thought she’s already included on mine and no need for a separate one” 

 

IO: No... she has to have her separate form filed here. 

 

We: feeling so stupid and misguided ... then we asked the IO ... “when do we need to make one for her and when’s the dead line for the submission?” 

 

IO: You can file it anytime, as long as her school won’t ask you any legal docs from you yet. 

 

He he didn’t give any details on that and he never told us when is dead line for it too. Nothing... we just didn’t ask anymore since his face seemed like he’s hungry already and wanted to get rid of us quick. We got approved and sent us out already. He’s not friendly and didn’t even smile one bit. 

 

Anyway, after that we talked and decided we’ll file her probably few months after this interview. But as days,weeks and months go by our marriage was being tested here and there and it slipped our minds already till we’re having financial difficulties already. Then husband cheated on me and we got separated around 2014. I didn’t file citizenship within the three year period I was married to him bec I never thought of it since I was preoccupied by stress and suffering. 2015 we got divorced and it was granted. So in those times my daughter was never adjusted. 

 

I remarried to a wonderful guy who treated me and daughter well and loves us and we got our own kid today. 

 

Now, I’m planning to file for citizenship based on a five year rule. However, I am also going to adjust my daughter who is now 13 yrs old. 

 

Does anyone here have similar situation as I am now? Or do you know someone who’s situation is like this too? 

 

I was looking for threads here about K2’s being adjusted separate from the K1. My daughter came here in US at the same time as me. So, I don’t know what should be the first thing to be done now, whether file her AOS first or file for my citizenship first before adjusting her?

 

I also read somewhere here that K2’s need to wait for five years before filling citizenship. Is there a possibility that she can be automatically converted to citizen if I am a citizen already before I file her AOS? Coz I’m the one adjusting her and not my ex-husband to petitioned us. The ex- husband isn’t my daughter’s biological dad fyi. I have some friends who told me before that they became automatically a citizen coz their parents granted citizenship while they were minors. This was like 20 yes ago that it happened. 

 

So im wondering if this is still possible at this current time? Since she’s still a minor. 

 

Im planning to file citizenship this year. But wondering what my first step should be? 

 

I also need need to know what’s the process on this since I’m filling her just now. I need to know what documents I need to attach on her AOS. Coz I know if she’s was filed the same time as me then I don’t have to worry much about these things since some docs like tax etc are attached to the K1. 

 

This what’s makes it confusing for us. Because I’m thinking this should be just like when I did my AOS. But I don’t know what docs that needs to be included on this? I’m lost right now 😭

 

We haven’t consulted lawyers yet coz we’re still trying to save money to afford one. For now this website is my Little hope in seeking some answers to my questions. 

 

I hope I get some guidance on this and enlightenment about our situation and suggestions and ideas which path I have to take first.  

 

Thanks for the the time reading this 😊

 

[mjt112215 1]

2 hours ago, Dee elle said:

She cannot go straight to citizenship as she is not yet a permanent resident.  

What I meant was... say I passed my citizenship thenafter that adjusted her status... is there a possibility that she’ll be granted citizenship without waiting for 5 yrs since she’s a minor still say she’s still under 18 when I get my citizenship and she’s her status is adjusted already? Or she’s still going to do Removal or Condition? 

[milimelo 4,757]

You need to file her AOS ASAP! She has to qualify under the original AOS - original petitioner. How you’re going to do this I don’t know - probably need to hire a lawyer for this one. 

[payxibka 10,048]

I don't believe there is a basis to adjust the K-2 anymore because the marriage has ended and the  daughter is no longer the stepchild of the original petitioner.  I hope I am wrong

Edited February 13, 2018 by payxibka

[JSWH 262]

Your daughter's status is derivative from your status, not your ex-husband's. You should apply for AOS on her behalf and include the proof of your residence. From USCIS website:

"I entered the U.S. with a K-2 visa. How do I begin the process of applying for permanent residence in the U.S.?

To begin the process, you should file your I-485 application with your K-1 parent’s application or with evidence that your parent’s I-485 application is pending with USCIS or was approved, or with evidence that your parent was granted permanent residence based on a K-1 visa." 

Edited February 14, 2018 by JSWH

[mjt112215 1]

On 2/13/2018 at 3:24 AM, milimelo said:

You need to file her AOS ASAP! She has to qualify under the original AOS - original petitioner. How you’re going to do this I don’t know - probably need to hire a lawyer for this one. 

I don’t know too.. still saving money to hire lawyer 😭

[mjt112215 1]

On 2/13/2018 at 8:10 AM, payxibka said:

I don't believe there is a basis to adjust the K-2 anymore because the marriage has ended and the  daughter is no longer the stepchild of the original petitioner.  I hope I am wrong

I hope you’re wrong too 😭