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kayleegood2018

Can I adjust status for a child?

By kayleegood2018 in Adjustment of Status from Work, Student, & Tourist Visas

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kayleegood2018 Newbie

kayleegood2018   0

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I am a LPR greencard holder, my spouse is a USC. My child is visiting us here at the moment on an ESTA visa and wishes to stay. 

Her biological father does not have joint custody as he is deceased. 

Can we adjust status from here? If so, how can we do this on the USCIS website. also will she be able to attend school whilst it is pending? Options available? 

her age is 11.

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Boiler Grand Master

Boiler   43,595

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Filed: K-1 Visa Country: Wales
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You can file to adjust

 

School requirements are not immigration related, obviously lots of children here illegally go to school, contact the school and ask what documents, medical records they need.

“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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Boiler Grand Master

Boiler   43,595

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Filed: K-1 Visa Country: Wales
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You Husband is the one to file as the child is his immediate relative.

“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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JFH Grand Master

JFH   12,189

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Filed: Citizen (apr) Country: United Kingdom
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31 minutes ago, kayleegood2018 said:

even though the child is a step child?

Yes. He is the only one who can file to adjust status. If you file, the child must return home and wait approx 2 years for the priority date to become current. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Ontarkie Grand Master

Ontarkie   13,925

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Filed: Citizen (apr) Country: Canada
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~~Moved to AOS  from Work, Student and Tourist Visas, from AOS Family K1/K3~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Penguin_ie Grand Master

Penguin_ie   5,986

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Filed: Citizen (apr) Country: Ireland
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Only a USC can file for adjustment of status.  Since you married your USC husband/ the stepfather while the child was a minor, he can file for adjustment.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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