Adjusting status with daughter
 

Good evening,

I just wanted to check that I'm on the right track with filling in my forms for adjusting status and whether I need additional forms for my 7 year old daughter. My daughter and I entered on the k visa and I was married within 90 days.

After reading and left unsure, is my daughter going to need to fill in more forms before her 21st birthday to become a permanent resident?

She is my daughter from a previous relationship. I wanted to ask in case it was something I needed to include with the rest of my forms.

So what I have so far is...

2x I485
2x G325A
2X I693 sealed from us civil surgeon
i864 and a photocopy of this for my daughter?

Can I still apply for the i765 for employment? i am past my 90 days of entering now does this class me as a K3 now?

Thanks in advance for your help and time, it is much appreciated!

Re: Adjusting status with daughter
 

You are not a K-3.

Yes, you should still include an I-765 for your EAD.

You should include an I-131 for AP, and perhaps one for your daughter?

I'm not sure if anything else is needed for your daughter, but it should all be in the I-485 instructions.

Rene

Re: Adjusting status with daughter
 

Correct.


You need only one I-864... it will cover both of you.


Not only can you, there's no additional charge if you include it with the I-485 application. I suggest you also file I-131 for both of you (also no charge) so that you are both able to travel outside the US without abandoning the adjustment of status applications.


You are not now, nor will you ever be a K-3.

Ian

Re: Adjusting status with daughter
 

The marriage had to take place within 90 days. The adjustment can be filed even after 90 days.

Daughter entered as a K-2. As long as the K-1 admission was before she turned 21 and parent timely married, she is OK. This fact situation was subject to a lot of litigation and was finally resolved by the Board of Immigration Appeals in Matter of Le.

In regards to the I-864, DHS insists that the Immigration & Nationality Act and concomitant regulations requires filing of the I-864. However, no one can find what they are relying on.