Can I still adjust as a K1?

[TSF]

Hello. I married my husband in the late 1990's, within 90 days of arrival to the United States. However, due to personal reasons, we were unable to file adjustment of status. Is it possible for me to still file for adjustment as a K1 holder? I understand that as a spouse of a U.S. citizen, I can adjust as an immediate relative, however I have a child who came in to the U.S. as a K2 derivative, and I would like for her to derive status through me. I know per Matters of Le, a K2 child can derive status as long as they arrived before they turned 21 and the parents married within 90 days, which we have. However, I am not sure if it's possible for me to adjust as a K1. Does anyone have any legal literature that has precedence to my specific situation? If I have missed any information, please let me know.

[TSF]

Hello. I married my husband in the late 1990's, within 90 days of arrival to the United States. However, due to personal reasons, we were unable to file adjustment of status. Is it possible for me to still file for adjustment as a K1 holder? I understand that as a spouse of a U.S. citizen, I can adjust as an immediate relative, however I have a child who came in to the U.S. as a K2 derivative, and I would like for her to derive status through me. I know per Matters of Le, a K2 child can derive status as long as they arrived before they turned 21 and the parents married within 90 days, which we have. However, I am not sure if it's possible for me to adjust as a K1. Does anyone have any legal literature that has precedence to my specific situation? If I have missed any information, please let me know.

Bump

[TSF]

Bump

?

[TSF]

Bump

?

[newacct]

Hello. I married my husband in the late 1990's, within 90 days of arrival to the United States. However, due to personal reasons, we were unable to file adjustment of status. Is it possible for me to still file for adjustment as a K1 holder? I understand that as a spouse of a U.S. citizen, I can adjust as an immediate relative, however I have a child who came in to the U.S. as a K2 derivative, and I would like for her to derive status through me. I know per Matters of Le, a K2 child can derive status as long as they arrived before they turned 21 and the parents married within 90 days, which we have. However, I am not sure if it's possible for me to adjust as a K1. Does anyone have any legal literature that has precedence to my specific situation? If I have missed any information, please let me know.

Yes, both you and your child can file I-485 now. Since you married within 90 days of entry, your spouse does not need to file I-130; you filing I-485 is enough. There is no real legal difference between someone adjusting from K1 a few days after the 90 days of K1 status ended or someone like you who is adjusting years after the 90 days ended. Since you are in the Immediate Relative category, you don't have to be in status to adjust status, and it doesn't matter how long you were out of status.

[TSF]

Yes, both you and your child can file I-485 now. Since you married within 90 days of entry, your spouse does not need to file I-130; you filing I-485 is enough. There is no real legal difference between someone adjusting from K1 a few days after the 90 days of K1 status ended or someone like you who is adjusting years after the 90 days ended. Since you are in the Immediate Relative category, you don't have to be in status to adjust status, and it doesn't matter how long you were out of status.

Thank you!!