I’m 20 years old. I entered to the US as a child of a us citizen’ fiance (my mom)?
Question by FL09: I’m 20 years old. I entered to the US as a child of an us citizen’ fiance (my mom)?
I got a K2 Visa. My mom got married to her fiancee but she decided to go back to our country. I’m still in the US. Is there any way I can legalize my situation in here?
Best answer:
Answer by freedom
I don’t see a problem you have been here so long.
Know better? Leave your own answer in the comments!
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As I understand it, you’re stuck. Your mother’s marriage to your step-father took place after your 18th birthday. You cannot adjust status and your step-father cannot petition you because the marriage took place when you were too old.
Your only hope is for your mother to come back to the USA and petition you as a permanent resident on priority F2A. If you are over 21 by then you’ll be F2B. There’s a lengthy wait for both these visas.
A K-2 alien who is over 18 years of age may adjust status provided they satisfy the requirements for adjustment of status under Section 245 of the Immigration and Nationality Act (INA).
Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act.
You should proceed with the adjustment of status application procedures independently and separately from your mother. K-2 aliens seeking to adjust status are NOT required to demonstrate a step-parent/step-child relationship with the petitioner.