Adjustment of Status for Adult Child

[danielbro]

When the petitioner and beneficiary are married the child is over 18 but not yet 21. The petitioner can not file I-130 for the child, as the child was over 18 when the marriage took place. The petitioner files I-130 and I129F for the beneficiary. The child is listed on the I-129F and can come to U.S. with the beneficiary after visa approval.
What is the process for Adjustment of Status for the child without the I-130 being filed by the petitioner?

Thank you for your time.

[david_dawei]

Maybe I'm missing something.. but if the child is over 18 when you got married, your out of luck on both the CR2 or K4 (derivative status from K3).

 

I think another filing will have to occur once the mother is here as an LPR ??

 

Maybe Ty, Don, or Carl, someone can confirm or comment?

[Randy W]

Maybe I'm missing something.. but if the child is over 18 when you got married, your out of luck on both the CR2 or K4 (derivative status from K3).

 

I think another filing will have to occur once the mother is here as an LPR ??

 

Maybe Ty, Don, or Carl, someone can confirm or comment?

 

 

Yes - we did - the K4 is good to age 21 since no I-130 is filed - it is derivative from the K-3.

 

his original post

 

but he is wanting feedback from USCONGUZ, not realizing it needs to come from the USCIS.

[david_dawei]

Maybe I'm missing something.. but if the child is over 18 when you got married, your out of luck on both the CR2 or K4 (derivative status from K3).

 

I think another filing will have to occur once the mother is here as an LPR ??

 

Maybe Ty, Don, or Carl, someone can confirm or comment?

 

 

Yes - we did - the K4 is good to age 21 since no I-130 is filed - it is derivative from the K-3.

 

his original post

 

but he is wanting feedback from USCONGUZ, not realizing it needs to come from the USCIS.

Randy, you did K1/K2... which is good till 21.

 

K4 (I thought) is only defined as a 'child' if the marriage too place prior to 18 years old... here's the wording I have in the FAQ:

 

In order for a stepchild to be able to immigrate as a ¡°child,¡± the marriage creating the stepchild/stepparent relationship must have happened before the stepchild was 18 years of age.

[Randy W]

Maybe I'm missing something.. but if the child is over 18 when you got married, your out of luck on both the CR2 or K4 (derivative status from K3).

 

I think another filing will have to occur once the mother is here as an LPR ??

 

Maybe Ty, Don, or Carl, someone can confirm or comment?

 

 

Yes - we did - the K4 is good to age 21 since no I-130 is filed - it is derivative from the K-3.

 

his original post

 

but he is wanting feedback from USCONGUZ, not realizing it needs to come from the USCIS.

Randy, you did K1/K2... which is good till 21.

 

K4 (I thought) is only defined as a 'child' if the marriage too place prior to 18 years old... here's the wording I have in the FAQ:

 

In order for a stepchild to be able to immigrate as a ¡°child,¡± the marriage creating the stepchild/stepparent relationship must have happened before the stepchild was 18 years of age.

 

 

Yes - he is NOT a step-child (or child for immigration purposes), but he IS a child (under 21) of his parent, and so entitled to the derivative K-4 status. This is what danielbro and USCONGUZ seem to both be saying.

 

File the I-130 for the mother (only), then file I-129F for K-3. When the mother gets her K-3, the children are entitled to a derivative K-4 up to age 21. Adjusting status is another issue. The over-18 will not adjust status (no I-130 can be filed) and will go out of status when the mother adjusts.

 

Ty is suggesting that the AOS'd mother can then file I-130 and I-485 simultaneously for her son.

 

I'm glad you're back!

Edited May 29, 2007 by Randy W (see edit history)

[david_dawei]

ok.. I'm back but had to read that other thread and lookup definitions again...

 

I know there are two threads going (which could be merged).. but my opinion is: Where's frank!

 

and my second thought is.. as said in the other thread, a K4 over 18 at time of parent/USC marriage is still available, but is a dead-end visa... the USC cannot file the I-130; the alien parent can once they are LPR.

 

So, get the child here under a K4 (two year validity) and the mother files AOS. Being the OP probably has San Bernadino as the local office, which is a fast office (3-5 months?), the mother could turn around fairly soon and file the I-130/I-485 as Ty said... ok.. we all agree

[danielbro]

ok.. I'm back but had to read that other thread and lookup definitions again...

 

I know there are two threads going (which could be merged).. but my opinion is: Where's frank!

 

and my second thought is.. as said in the other thread, a K4 over 18 at time of parent/USC marriage is still available, but is a dead-end visa... the USC cannot file the I-130; the alien parent can once they are LPR.

 

So, get the child here under a K4 (two year validity) and the mother files AOS. Being the OP probably has San Bernadino as the local office, which is a fast office (3-5 months?), the mother could turn around fairly soon and file the I-130/I-485 as Ty said... ok.. we all agree

 

Thank you for all your information, it's a big help. You are right about me being clost to the San Bernardino USCIS office. I looked online at the local office but they do not process the I-485. I will have to send it to Chicago. Now I know what I need to do once mother and child are here.

 

Thanks again for your help.