Adjustment of Status Question

[Sage9 0]

My fiancee and her son recently arrived in the US on a K1/K2 visa. We were married a few days ago. I am ready to file for an Adjustment of Status for my new wife but there is a big question about her 19 year old son. He is not sure if he wants to stay. He may be returning to his home country.

My questions are these. Can I go ahead and file for an Adjustment of Status for my wife and wait to file at a later date for her son? If he returns to his home country, will that action have any affect on the approval or diaapproval of my wife's request for a green card?

Thanks for any responces?

BM

[Dan J 277]

Yes you can file later for your son, and no it will not affect approval for your wife.

If your son does leave, he likely wont be able to return without a visa.

[Sage9 0]

Yes you can file later for your son, and no it will not affect approval for your wife.

If your son does leave, he likely wont be able to return without a visa.

Thanks for the quick answer. Do you think that CIS will wait until the son's status is resolved before acting on the mother's green card? Or will they view it independantly and give an approval even though he may have not yet left the country or submitted a seperate Adjustment of Status request?

BM

[KarenCee 3]

Yes you can file later for your son, and no it will not affect approval for your wife.

If your son does leave, he likely wont be able to return without a visa.

Thanks for the quick answer. Do you think that CIS will wait until the son's status is resolved before acting on the mother's green card? Or will they view it independantly and give an approval even though he may have not yet left the country or submitted a seperate Adjustment of Status request?

BM

The son's adjustment depends on the mother's adjustment. In other words, he won't receive a green card before his mother, at least that's the way I've understood it. He cannot leave the country while AOS is pending without Advanced Parole. To do so is abandoning the application to adjust and he will not be allowed back into the States. The same goes for his mother.

Edited June 4, 2007 by KarenCee

[Jashley820 0]

Yes you can file later for your son, and no it will not affect approval for your wife.

If your son does leave, he likely wont be able to return without a visa.

Thanks for the quick answer. Do you think that CIS will wait until the son's status is resolved before acting on the mother's green card? Or will they view it independantly and give an approval even though he may have not yet left the country or submitted a seperate Adjustment of Status request?

BM

The son's adjustment depends on the mother's adjustment. In other words, he won't receive a green card before his mother, at least that's the way I've understood it. He cannot leave the country while AOS is pending without Advanced Parole. To do so is abandoning the application to adjust and he will not be allowed back into the States. The same goes for his mother.

Also, he's 19, so the age-out factor might come into play if they wait too long...

[KarenCee 3]

Yes you can file later for your son, and no it will not affect approval for your wife.

If your son does leave, he likely wont be able to return without a visa.

Thanks for the quick answer. Do you think that CIS will wait until the son's status is resolved before acting on the mother's green card? Or will they view it independantly and give an approval even though he may have not yet left the country or submitted a seperate Adjustment of Status request?

BM

The son's adjustment depends on the mother's adjustment. In other words, he won't receive a green card before his mother, at least that's the way I've understood it. He cannot leave the country while AOS is pending without Advanced Parole. To do so is abandoning the application to adjust and he will not be allowed back into the States. The same goes for his mother.

Also, he's 19, so the age-out factor might come into play if they wait too long...

Aye, that be true too.

[Sage9 0]

Yes you can file later for your son, and no it will not affect approval for your wife.

If your son does leave, he likely wont be able to return without a visa.

Thanks for the quick answer. Do you think that CIS will wait until the son's status is resolved before acting on the mother's green card? Or will they view it independantly and give an approval even though he may have not yet left the country or submitted a seperate Adjustment of Status request?

BM

The son's adjustment depends on the mother's adjustment. In other words, he won't receive a green card before his mother, at least that's the way I've understood it. He cannot leave the country while AOS is pending without Advanced Parole. To do so is abandoning the application to adjust and he will not be allowed back into the States. The same goes for his mother.

I guess I was thinking about it the other way around. That is: can the mother receive a green card before the son's status is resolved?

BM

[KarenCee 3]

Yes you can file later for your son, and no it will not affect approval for your wife.

If your son does leave, he likely wont be able to return without a visa.

Thanks for the quick answer. Do you think that CIS will wait until the son's status is resolved before acting on the mother's green card? Or will they view it independantly and give an approval even though he may have not yet left the country or submitted a seperate Adjustment of Status request?

BM

The son's adjustment depends on the mother's adjustment. In other words, he won't receive a green card before his mother, at least that's the way I've understood it. He cannot leave the country while AOS is pending without Advanced Parole. To do so is abandoning the application to adjust and he will not be allowed back into the States. The same goes for his mother.

I guess I was thinking about it the other way around. That is: can the mother receive a green card before the son's status is resolved?

BM

Yes, but neither one can leave the US unless AP is approved and in hand. To do otherwise is abandoning the adjustment application and neither one can reenter the US.

[noviademexicano 0]

Why not do the aos for the son, incase he does change his mind again and decides to stay or go for a while and then come back he will already have his greencard. If he decides not to AOS now, it will be difficult later. He will need another visa to come in and perhaps wait a very long time to be able to adjust to residency status.

[Sky_Cruiser 0]

I would file AOS for wife (mother) and son. You might miss the window of completing the son AOS and wish you took care of it when you have the chance.