i485 application for 6 year old

[missval]

My husband is a US citizen and I have a marriage based green card. We are in the process of applying for adjustment of status for my 6 year old son who entered the country on a visitors' visa 5 months ago. We want to change his status before his visa expires within the next month and I have 2 questions regarding the application process:

1. Is it too early to petition form i130 and i485 concurrent for him, somebody told me he has to be in the country for at least a year before we should do that; but that would mean that my son will be out of status by then and am worried about letting that happen.

My second question is (for form i485) since my 6 year old will pose as the applicant, does this mean he has to sign the forms himself or me or my husband should sign on his behalf?


Thank you so much for any assistance with this

[newacct]

My husband is a US citizen and I have a marriage based green card. We are in the process of applying for adjustment of status for my 6 year old son who entered the country on a visitors' visa 5 months ago. We want to change his status before his visa expires within the next month and I have 2 questions regarding the application process:

1. Is it too early to petition form i130 and i485 concurrent for him, somebody told me he has to be in the country for at least a year before we should do that; but that would mean that my son will be out of status by then and am worried about letting that happen.

No, there is no reason to need to wait. He can file at any time (your husband is the one who needs to petition him). But there is also no worry about him being out of status; whether he's in status or out of status when he files makes no difference for his I-485.

My second question is (for form i485) since my 6 year old will pose as the applicant, does this mean he has to sign the forms himself or me or my husband should sign on his behalf?

A parent or legal guardian can sign for him. You're his parent so you can sign. I am not sure about your husband.