More details to this question:
My alien husband entered US on K-1 visa, we were married and have filed for his adjustment of status, however we are still waiting for his approval/determination for adjustment. My step children (20, 15 and 8) are here on K-2 Visas. Customs told our 20 year old that he was issued the wrong Visa and he only has 90 days to "correct" his visa. I don't understand why they say he was issued the wrong Visa when the US Embassy saw fit to issue same. We do have one older child who had already turned 21 and was turned down for the K-2 Visa by the embassy. My husband has a work permit and was granted early parole to travel. We are concerned his adjustment of status hasn't come through yet. We have inquired and were told no other documents were needed from us and we would be contacted. We filed the adjustment of status In March 2016. We would like guidance and what our next steps are for the children? Any assistance would be greatly appreciated.
1 ANSWER
Your husband's adjustment of status is a little outside of normal processing times but enough to cause concern at this time. Your husband should consider seeking renewal of his employment authorization and advance parole document. There is no additional fee to renew these documents. He can file for renewal up to 120 days before expiration.
Your children will each need to file their applications for adjustment if status. CBP appears to be correct regarding your oldest child in the U.S. It does not appear your oldest is eligible for a K-2 visa based upon the information provided. The marriage had to occur prior to his 18th birthday before he would qualify. Unfortunately, embassies do make mistakes. There may be options available but more information is needed. I encourage you to consult an attorney ASAP. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on Dec 12th, 2016 at 3:46 AM