My son Mattias obtained a k2 visa in his Chilean passport, when he was 18 years old on October 1, 2022 and was admitted with a k2 visa, that is to say (he arrived in the USA in December after the wedding), he did not adjust status and left USA a month after the wedding due to misinformation and studies in their country of origin. He currently returns to the USA on June 20, but with an ESTA travel permit and a passport from another country, (Kevin has two nationalities, he is Chilean and his other passport is from Portugal)
positive factors
A. Petitioner I 129F and k1 are married and their marriage was celebrated within 90 days.
B. The k1 filed form I485 in May 2023 and is in the adjustment process.
C. The son Matthias K2 has a clean record, he has not violated the law in any instance, he has no serious or minor crimes.
D. The petitioner of the I 129 F is a veteran of the war (I don't know if he is a factor that he can help)
Questions.
1. He can adjust status with the I 485 through the K2 even if he has committed the infraction of leaving without adjusting status. And return with the travel permit.
2. A pardon can be requested for the infraction of not maintaining status and having left. It is a fact that it is not his fault, were we really all misinformed?
3. What would be the solution.
positive factors
A. Petitioner I 129F and k1 are married and their marriage was celebrated within 90 days.
B. The k1 filed form I485 in May 2023 and is in the adjustment process.
C. The son Matthias K2 has a clean record, he has not violated the law in any instance, he has no serious or minor crimes.
D. The petitioner of the I 129 F is a veteran of the war (I don't know if he is a factor that he can help)
Questions.
1. He can adjust status with the I 485 through the K2 even if he has committed the infraction of leaving without adjusting status. And return with the travel permit.
2. A pardon can be requested for the infraction of not maintaining status and having left. It is a fact that it is not his fault, were we really all misinformed?
3. What would be the solution.