dale7570 Posted June 27, 2009 Report Share Posted June 27, 2009 i am trying to help my wife's friend with aos paperwork. she entered the usa last year with a k3 visa and received her 2 year green card 3 months ago. her son came to the usa 2 months ago with the k4 visa. i seem to remember reading somewhere that the k4 cant adjust status because the mother has a green card and is no longer in k3 status. can someone please elaborate on this? what are their options? Link to comment
Randy W Posted June 27, 2009 Report Share Posted June 27, 2009 (edited) If he is under 18, they should file for AOS now. If they didn't file an I-130 with his mother's, they need to file one now, along with the I-485. He will adjust status based on the pending I-130. If he was over 18 at the time you married, his mother must file the I-130, There is currently about an 8 year wait for an over 18 child of an LPR. Edited June 27, 2009 by Randy W (see edit history) Link to comment
dale7570 Posted June 27, 2009 Author Report Share Posted June 27, 2009 If he is under 18, they should file for AOS now. If they didn't file an I-130 with his mother's, they need to file one now, along with the I-485. He will adjust status based on the pending I-130. If he was over 18 at the time you married, his mother must file the I-130, There is currently about an 8 year wait for an over 18 child of an LPR. thanks randy. her son is only 16 so age out is not an issue. i just thought i read somewhere that he couldn't adjust status since his mother has already received her green card. Link to comment
Randy W Posted June 27, 2009 Report Share Posted June 27, 2009 (edited) If he is under 18, they should file for AOS now. If they didn't file an I-130 with his mother's, they need to file one now, along with the I-485. He will adjust status based on the pending I-130. If he was over 18 at the time you married, his mother must file the I-130, There is currently about an 8 year wait for an over 18 child of an LPR. thanks randy. her son is only 16 so age out is not an issue. i just thought i read somewhere that he couldn't adjust status since his mother has already received her green card. He goes out of status, but that's not a problem because he CAN adjust status. The derivative status was used for the visa. He is now applying for AOS dependent on the approval of the I-130. Edited June 27, 2009 by Randy W (see edit history) Link to comment
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