Can a K-2 married?

lzz123

New Member
I have a question regarding a case of K-2. Can K2 visas adjust their status through marriage, if their parents divorced the US Citizen spouse before they went for the interview? And the parent have gone back to their country and left the kids in the US.
My father and I came to the USA via K1/K2 visa in 2001. Then my father married my stepmother within 90 days and filed I-485, and we get our employment authorizaion card for one year. But before the interview, they got divoced. Now I am out of status and married a US citizen. We will have our first baby soon. So I am thinking to let my wife file adjust of status for me. Do you think if that is OK for a K2? Or I have to apply for a 601 waiver or Cancellation of Removel. Which is better and easier?
Thanks a lot! I really appreciate your time!
 
K-1s for sure have no recourse to AOS except via marriage to their sponsor. For K-2 you cannot apply for AOS unless your parent married their sponsor. Now your father did marry his sponsor but never went through AOS. Since you were tied to his I-485, I do not think you can apply for AOS based on your marriage. I would advise you to consult a competent attorney on this one. There might be hope for you.
Good luck!!!

Do you think if that is OK for a K2?
 
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