Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Adjusting status with daughter

Adjusting status with daughter

Old Aug 8th 2017, 1:43 am
  #1  
Just Joined
Thread Starter
 
Joined: Jun 2016
Posts: 15
Dabbie is an unknown quantity at this point
Default 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!
Dabbie is offline  
Old Aug 8th 2017, 3:12 am
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,556
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default 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
Noorah101 is offline  
Old Aug 8th 2017, 11:10 am
  #3  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Adjusting status with daughter

Originally Posted by Dabbie View Post
2x I485
2x G325A
2X I693 sealed from us civil surgeon
Correct.


i864 and a photocopy of this for my daughter?
You need only one I-864... it will cover both of you.


Can I still apply for the i765 for employment?
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.


i am past my 90 days of entering now does this class me as a K3 now?
You are not now, nor will you ever be a K-3.

Ian
ian-mstm is offline  
Old Aug 8th 2017, 3:02 pm
  #4  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 7,934
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default 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.
S Folinsky is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.