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 3 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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