K-2 can AOS even if over 18 at the time the parent marries the USC because she is not entering as a step-child but rather as the child (under 21) of the K-1. 8 C.F.R. §214.2(k)(6)(ii); Memo, Aytes, Assoc. Dir. Domestic Operations, HQOPRD AD07-04 (Mar. 15, 2007),
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process. If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to
Beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on www.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart. Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications.
For individuals who entered without inspection, subsequently were granted Temporary Protected Status, and now seeks to adjust his or her status. The basis for this argument—and for the court decisions which have adopted it—is that a grant of TPS satisfies the requirement in the adjustment statute that the applicant has been “admitted” to the U.S.
