K-2 visa holder help

[PaoSelle 35]

So my Coworkers kids have been here since October 2018

 

My coworker has not adjusted their status yet and have since lost their passport which contained their visa page.

 

what is the best course of action in this situation?

[Crazy Cat 39,222]

What is the legal status of your co-worker?

[Mike E 11,723]

4 minutes ago, PaoSelle said:

So my Coworkers kids have been here since October 2018

 

My coworker has not adjusted their status yet and have since lost their passport which contained their visa page.

 

what is the best course of action in this situation?

1. How old are the kids?

 

2. How old were they when their parent and the K-1 alien married?

 

3. What does https://i94.cbp.dhs.gov/I94/#/home say for each kid?

[PaoSelle 35]

3 minutes ago, Crazy Cat said:

What is the legal status of your co-worker?

 

Just now, Mike E said:

1. How old are the kids?

 

2. How old were they when their parent and the K-1 alien married?

 

3. What does https://i94.cbp.dhs.gov/I94/#/home say for each kid?

My coworker came in as a K1  and the children followed to join as K-2s

 

the children are both 13 and 9 and were both 8 and 5 at the time of marriage.

 

as for their I-94 their mom doesn’t even know what that is 

[PaoSelle 35]

7 minutes ago, Crazy Cat said:

What is the legal status of your co-worker?

She’s in the process of removal of conditions, and just filed her n-400

[Crazy Cat 39,222]

13 minutes ago, PaoSelle said:

My coworker came in as a K1  and the children followed to join as K-2s

When did the kids arrive in the US? 

[Mike E 11,723]

Just now, PaoSelle said:

 

My coworker came in as a K1  and the children followed to join as K-2s

And she has a green card per your other comment. 

 

Just now, PaoSelle said:

 

the children are both 13 and 9 and were both 8 and 5 at the time of marriage.

 

Good.  That provides a plan B. Which I think should be plan A.  

Just now, PaoSelle said:

 

as for their I-94 their mom doesn’t even know what that is 

Since she has a green card then I don’t know how she got one without knowing what an I-94 is. 
 

2 minutes ago, PaoSelle said:

She’s in the process of removal of conditions, and just filed her n-400

It’s a bloody mess now. 
 

1. Lawyer.  
 

2. Once the lawyer has obtained evidence the kids entered the U.S. legally: 

 

A. U.S. step parent files I-130s for each kid and kids file I-485, I prefer this as it gives the kids authorized presence immediately.  

 

B. Mom waits for I-751 to be approved or N-400 to be approved and files I-130 / I-485 for each kid. 
 

C. Lawyer does I-485 adjusting from K-2.  I’m not even sure this is possible now.  
 

It’s sad she let this go so far, and  that she prioritized her N-400 over getting her kids their green cards doesn’t sit well with me.  
 

Assuming all 4 are true before the kids reach age 18:

 

i. Kids get green cards 

ii. She has physical custody 

iii. She has legal custody 

iv. She becomes a citizen

 

The kids will be citizens automatically. She should then file for their U.S. passports, passport cards, and then file N-600 to get their certificates of citizenship 

[Crazy Cat 39,222]

1 hour ago, Mike E said:

It’s sad she let this go so far, and  that she prioritized her N-400 over getting her kids their green cards doesn’t sit well with me.  

Exactly.  Might be a big complication.

Edited February 5, 2023 by Crazy Cat

[PaoSelle 35]

9 minutes ago, Crazy Cat said:

Exactly.  This is almost unbelievable....I don't have words. 

It’s a pretty long story. I don’t have words either. It makes me angry.

[Mike E 11,723]

1 hour ago, PaoSelle said:

It’s a pretty long story. I don’t have words either. It makes me angry.

This comment on another thread has me concerned for your coworker’s kids: