Green card application
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Green card application
I came USA with k-1 Visa one months ago, l am married
now and planning to applying green card. My sons k-2 Visa
is approved, but since his school hasnt finished yet, so he
hasnt arrived USA yet, he will come in February, can l
applying green card for him now with me? I noticed that I-
485 requires applicant physically in USA. What is my best
option?
Sincerely yours
Jenny
Asked on December 4, 2017 under Immigration Law, New York
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
YOu cannot file for your son until he is physically present in the US. However, you can file your own I-485 and once he enters the US you can submit his I-485. Since each of you has to submit your own application form and pay the fee, it really does not matter if he submits his a bit later. He will not be eligible to get his until you get yours anyway since his will depend on yours.
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