michelle B
Dec 27, 2021
Adjustment of status
Anyone knows what additional paperwork I would need to file if I initially filed a i-130 for my daughter six months ago while she was living in another county. She visited me for Christmas and want to just stay here with me. Can I just file an adjustment of status, or would it involve more paperwork to file for her to stay? How do I change her address from a foreign country to my us address, or do I even need to change her address?
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XY ZDec 27, 2021
@Michelle B It depends on a few factors. Are you a US citizen or LPR? and is your daughter 21 years of age or older? and what's her marital status. If you are an LPR and she is less than 21 years old, then she can file for adjustment of status because F2A visa category is current. If she's 21+, then she can't because F2B category isn't current and won't be for years or decades - depending on her country of birth. Same for F3 category in case you are a US citizen, she can't because it's not current.
S BDec 27, 2021
I’m not sure you can adjust status if on visitor visa? as wouldn’t that show she entered with intent to stay? I’m not sure
Waiting PatientlyDec 27, 2021
you can SB,
michelle BDec 28, 2021
Thanks for responding. I am a US citizen and she’s just 16 and unmarried.
XY ZDec 28, 2021
@Michelle B...that means a visa is available immediately for your daughter to adjust status at any time. You can file form I-485 as long as she is physically present in the US, was admitted legally and is in legal status at the time you submit form I-485.
