ADJUSTMENT OF STATUS FOR K2 HOLDER

[ksu1 0]

Hello fellow Visa Journey members. I have a question about my daughter's K2 status after she is here in America.

I already have my Green Card and my daughter is still in Manila, Philippines waiting to get her K2 Visa.

She will be coming here on a follow to join berfore one year.

When she arrives here in the US, how long will her K2 status be valid. I was told two years by someone and then 30 days by another and then 90 days by someone else.

Secondly, when adjusting status for my 10 year old daughter I was told she would need an EAD just to get a social security number.

Any help and advice would greatly be appreciated.

KSU1

[pushbrk 12,893]

Hello fellow Visa Journey members. I have a question about my daughter's K2 status after she is here in America.

I already have my Green Card and my daughter is still in Manila, Philippines waiting to get her K2 Visa.

She will be coming here on a follow to join berfore one year.

When she arrives here in the US, how long will her K2 status be valid. I was told two years by someone and then 30 days by another and then 90 days by someone else.

Secondly, when adjusting status for my 10 year old daughter I was told she would need an EAD just to get a social security number.

Any help and advice would greatly be appreciated.

KSU1

Yes, she'll need EAD to get a social security number. The visa technically dies upon entry. Her I-94 should be good for the same 90 days yours was but unless she's planning to travel abroad soon, the I-94 expiry is not critical. Under the new fee structure, EAD and Advanced Parole are included in the same fee as Adjustment of Status, so you might as well fill out those forms and send them in together.

[ksu1 0]

Hello fellow Visa Journey members. I have a question about my daughter's K2 status after she is here in America.

I already have my Green Card and my daughter is still in Manila, Philippines waiting to get her K2 Visa.

She will be coming here on a follow to join berfore one year.

When she arrives here in the US, how long will her K2 status be valid. I was told two years by someone and then 30 days by another and then 90 days by someone else.

Secondly, when adjusting status for my 10 year old daughter I was told she would need an EAD just to get a social security number.

Any help and advice would greatly be appreciated.

KSU1

Yes, she'll need EAD to get a social security number. The visa technically dies upon entry. Her I-94 should be good for the same 90 days yours was but unless she's planning to travel abroad soon, the I-94 expiry is not critical. Under the new fee structure, EAD and Advanced Parole are included in the same fee as Adjustment of Status, so you might as well fill out those forms and send them in together.

Thanks for your help

I hope that you and your family our enjoying the holiday season.

Good luck to you.

KSU1

[pulteseller 0]

I assumed my stepdaughter would have the same 90 day window to file for AOS. Luckily, I noticed her I-94 stamp only gave her 64 days. I don't know if the immigration officer at JFK was too lazy to do the math, or if there is a rule somewhere I don't know about. We went ahead and filed for AOS in December to beat the 1/1/2008 deadline from her I-94, just to be sure. We overnighted the AOS for proof of signature, and it was received on 12/22. They haven't cashed the check yet, but according to the USCIS website they count the day the receive the package as the action date. I was a little miffed because we had to rush things, oh well.

As for EAD, yes...you need that for SS.

Also, ask your daughter to ask the immigration officer if she can have her medical records or at least a copy. My wife got to keep hers at Dulles airport, but they kept my daughters at JFK. We had to get a copy from Bumrungrad hospital in Bangkok for her vaccination supplement.

[pulteseller 0]

Furtermore, in the AOS instructions for form I-485 (part d, number 10), it states that you are not eligible to file for Adjustment of Status if your authorized stay has expired. Which I take to mean your I-94 expiration date.