Bob

At AOS interview, which took 5 minutes, my wife received her green
card in the form of an I551 stamp. However, 2 I130s filed for the
children have not been approved (it's been 1 1/2 years+). Although I
know that the children's AOS will be derivative of my wife's and as
long as I have I130s on file for them there should be no danger, I am
unsure of what happens now. The I130s for the kids were filed after
my wife's. The interviewer said that the children would probably be
called in a couple of months but he did not know that they were not
filed at the same time. I am planning on adopting the kids, which
would make them USCs, but I need to assuage my bit of concern about
their status right now. Does anyone have any informed thoughts on
this? Thanks.

jeffreyhy

Bob,

Your step-children's K4 visas were derivatives of your wife's K3 visa, but their adjustments of status stands on their own. That's why you had to file I-130s for them, and I-485s, and why they must wait until their I-130s are approved before they can be adjusted.

Regards, JEff

utopiacowboy

I am in a similar situation and I have a question. In his case they filed I-485s for AOS, is this necessary? I filed I-130s for my stepchildren but no I-485s. Can they wait and be processed through their home country's embassy?

jeffreyhy

cowboy,

Yes, the children can apply for immigrant visas throught the US consulate in their home country. This was the prodedure before the creation of the K3 and K4 visas, which was not that long ago, and the creation of the new K visas did not eliminate it.

I may be doing the same thing myself.

Regards, JEff