Can my husband (kids stepparent) apply to adjust status of my kids on form I-485)?
You are the petitioner on the I-130. Your children are the beneficiaries on the I-130. You file the I-130 on their behalf. As a permanent resident, you can petition for your unmarried sons and daughters. Form I-485 is submitted by the beneficiaries, not the petitioner. You may have filled out the form, but it’s an application submitted by your children, not you. You’re right. The I-485 applications cannot be approved if the applicants, your kids, are not eligible to adjust status. At this moment, the unmarried sons & daughters of LPR’s cannot adjust status. If your husband and your children have a parent-child relationship, your spouse can submit a petition for his step-children. His petition must be based on a stepparent-stepchild relationship, and that relationship can be shown with a marriage certificate of the stepparent to the child’s natural parent showing that the marriage occurred before the child’s 18th birthday.
