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Posted

My son followed to join on K2 more than 90 days after I arrived on K1 (9 months after), so our dates for ROC are more than 90 days apart which means that he has to file I-175 separately.

However, now the time has come to file his ROC and I am confused about which box he should check. Obviously (or maybe not!) he doesn't check the "married box" as it wasn't him who got married. But then the other box he could check isn't applicable either as it states if the child entered as a "PR" which he didn't, he entered as a K2 and had to adjust status to become a PR.

Which box should he be checking to avoid it being sent back?

Thanks

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

Filed: Timeline
Posted
My son followed to join on K2 more than 90 days after I arrived on K1 (9 months after), so our dates for ROC are more than 90 days apart which means that he has to file I-175 separately.

However, now the time has come to file his ROC and I am confused about which box he should check. Obviously (or maybe not!) he doesn't check the "married box" as it wasn't him who got married. But then the other box he could check isn't applicable either as it states if the child entered as a "PR" which he didn't, he entered as a K2 and had to adjust status to become a PR.

Which box should he be checking to avoid it being sent back?

Thanks

I believe the rule is that the alien (K2) must send a separate I-751 if he adjusted status more than 90 days after the K1. Is that the case?

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Posted

Yes that's the rule, but the boxes he can choose from to check on the petition don't seem to allow for that scenario.

It asks whether he is either the one married, which he isn't or a child who entered as a PR who is filing separately which he didn't. He entered on as K2 and then adjusted to PR.

All the other possible choices relate to marriages ending for some reason, so none of those are correct either.

I thought I had this whole thing sussed, but now I'm not sure which one to check. Don't want it sent back or rejected and have to re-file, but it doesn't seem to make sense on the form itself.

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

Filed: Timeline
Posted
Yes that's the rule, but the boxes he can choose from to check on the petition don't seem to allow for that scenario.

It asks whether he is either the one married, which he isn't or a child who entered as a PR who is filing separately which he didn't. He entered on as K2 and then adjusted to PR.

All the other possible choices relate to marriages ending for some reason, so none of those are correct either.

I thought I had this whole thing sussed, but now I'm not sure which one to check. Don't want it sent back or rejected and have to re-file, but it doesn't seem to make sense on the form itself.

His PR is conditioned upon his mother's PR. But it is clear that he must file alone and is unable to file jointly with his mother due to the fact that his AOS was not approved within 90 days of his mother.

Heehee, I guess these forms are not as accurate as they should be, but as far as your question is concerned, I am sure he would tick "b"

I am a child who entered as a conditional permanent resident and I am unable to be included

in a joint petition to remove the conditional basis of are(note the typographical error!) alien's permanent residence (Form

1-751) filed by my parent(s).

"diaddie mermaid"

You can 'catch' me on here and on FBI.

 
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