QUESTION
Can Stepdad file an I-130 and I-485 for child with expired K2 visa if mother and stepdad are divorced?
Asked on Mar 12th, 2016 on Immigration - Georgia
More details to this question:
My son was born out of wedlock in Germany to a german mother and us citizen father. Paternity was established many years later and he pays childsupport under a court order. In 2008 we came to the US to marry a different man with a K1 and K2 visa, but my son's I-485 was not filed because I was told by the DA's office and USCIS hotline he is us citizen by birth, but father fails to file n 600 for him. With attorney's advice I acquired citizenship in june 2015 to file for my son. I filed I-130 and I-485 last september and got denied because of wrong status on I-94 entry form. Now they want to deport him while he is still a minor and we have no relatives over there anymore. The original petitioner and I are divorced. Can he still file for my son? I need help
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Under present law, your son is eligible for adjustment of status under the original petition. The marital relationship was adjudged bona fide by USCIS as you are now a US citizen and could only have been adjusted to permanent residence through the petitioner of your K-1. The crux of the matter is that the original petitioner either had to have filed an I-864 affidavit of support in the past, or he is willing to do it now. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 09th, 2016 at 11:16 AM