-No. Because the K-1 holder (mother) married the US citizen petitioner after the child (K-2 holder) turned 18 years old, a legal step-parent/child relationship has not been established between the U.S. citizen and the K-2 child. Thus, the K-2 child is not qualified for I-485 filing and the child's pending I-485 will be denied later.
The child has to return to China after his I-485 is denied and the mother can file I-130 for him for F2B, which takes about 7 years for priority date to be current. The child can not get married before he get the immigration visa to enter US, otherwise the I-130 will be void.
目前谘詢不同律師,說法各異,令人平添困擾。
期盼有經驗者指點迷津。不勝感激!