K3 daughter is soon to apply her AOS

[payxibka 10,045]

OMG!! upon reading your post it seems like "from better to worst" , hummm...but yesterday I decided to call again uscis and the lady answer me that " all she (my daughter)has to do is apply for I-485 only, no more I-130 because she enter USA legally and that she obtain her I-94+EAD+SS, thats what she told me, I even get her ID# + name for future reference.

Anyways, guys thanks for your input you are soo resourceful people.

we do not call it the USCIS (MIS)information line for nothing... without the I-130, the child has no basis to adjust status

FWIW, look at the I-485... what will you indicate as the eligibility for adjustment? There is no "box" to check for K-4....

[Dakine 26]

OMG!! upon reading your post it seems like "from better to worst" , hummm...but yesterday I decided to call again uscis and the lady answer me that " all she (my daughter)has to do is apply for I-485 only, no more I-130 because she enter USA legally and that she obtain her I-94+EAD+SS, thats what she told me, I even get her ID# + name for future reference.

Anyways, guys thanks for your input you are soo resourceful people.

we do not call it the USCIS (MIS)information line for nothing... without the I-130, the child has no basis to adjust status

FWIW, look at the I-485... what will you indicate as the eligibility for adjustment? There is no "box" to check for K-4....

we do not call it the USCIS (MIS)information line for nothing/b]

Sad but even if you call again you can't rely on the info you get.

[mamalou 0]

OMG!! upon reading your post it seems like "from better to worst" , hummm...but yesterday I decided to call again uscis and the lady answer me that " all she (my daughter)has to do is apply for I-485 only, no more I-130 because she enter USA legally and that she obtain her I-94+EAD+SS, thats what she told me, I even get her ID# + name for future reference.

Anyways, guys thanks for your input you are soo resourceful people.

we do not call it the USCIS (MIS)information line for nothing... without the I-130, the child has no basis to adjust status

FWIW, look at the I-485... what will you indicate as the eligibility for adjustment? There is no "box" to check for K-4....

we do not call it the USCIS (MIS)information line for nothing/b]

Sad but even if you call again you can't rely on the info you get.

If we will not trust them (USCIS) whoe else can we rely on?

[payxibka 10,045]

If we will not trust them (USCIS) whoe else can we rely on?

that is why sites such as VJ et al... are so popular....

[sheila526 2]

You will need a separate I-130 to apply for your K4 daughter. You should file it concurrently with the I-485. It will be faster if your husband will file for as a step daughter. I am currently adjusting my K4 son. He was included in the original petition as a derivative. Still you will need a separate I-130 if your husband did not apply for it before. Read the instructions for I-485. They are far more correct than the USCIS agent you talked to. I gave up on them already.

With regards to Part 2 of the I-485 form, you can choose letter B.

Good Luck on your journey.

[payxibka 10,045]

With regards to Part 2 of the I-485 form, you can choose letter B.

Ummm.... no, the Category to select in Part II is A

[mamalou 0]

Thanks Shiela for sharing about your son but may i know what age is your son? good that we have similar situation. So we have to pay $355 for the I-130+ 1,010 for the I-485. Wow this is something heavy in the pocket.

[sheila526 2]

payxibka - I checked B on my application because it was the answer that was applicable to my situation (and I think, me and the OP are in the same situation)

mamalou - my son is 4 years old. It is quite expensive because you will have to pay for both I-485 and I-130 plus Biometric Fee if the child is over 13 I think.

[payxibka 10,045]

payxibka - I checked B on my application because it was the answer that was applicable to my situation (and I think, me and the OP are in the same situation)

mamalou - my son is 4 years old. It is quite expensive because you will have to pay for both I-485 and I-130 plus Biometric Fee if the child is over 13 I think.

But I still think it is A because the adjustment of status is occurring because of the I-130 petition submitted by the USC spouse.

The reason I think it is not B because under "B" it says "spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status".... A K-3 is a non-immigrant visa category. It just does not fit.

[sheila526 2]

I still think B is the answer for my son's situation. I really don't think A will be the right answer since there's no approved petition yet. And I am only a Permanent Resident. My USC Spouse did not submit the I-130. I did it for my son. We never had problem since the application so I am guessing I did answer it correctly

Edited September 27, 2009 by sheila526

[payxibka 10,045]

I still think B is the answer for my son's situation. I really don't think A will be the right answer since there's no approved petition yet. And I am only a Permanent Resident. My USC Spouse did not submit the I-130. I did it for my son. We never had problem since the application so I am guessing I did answer it correctly

According to the timeline you not yet approved... come back and tell us when you are

An I-130 filed by an LPR for a child has a 4 yr wait for an available visa number

Edited September 27, 2009 by payxibka

[mamalou 0]

Well guys, I have decided to just send I-485 without I-130 because i have called uscis for the 4th time & they all have the same advice go for it. Lets see what next after we send the application, anyway if they need I-130 they will notify us.

[sheila526 2]

payxibka - It is not yet approved. I know about the wait. But once I become a US Citizen (1 more year, and update my status), the visa number will be available. Quite frankly, I don't mind waiting since he's here with me. And of course I will tell come back once it is approved

mamalou - good luck on the process

Edited September 28, 2009 by sheila526

[payxibka 10,045]

If You Seek Adjustment as a K-4, Child of the K-3 Spouse of a U.S. citizen

You should seek adjustment of status as soon as your parent seeks adjustment of status. You can only seek adjustment of status on the basis of the marriage of your K-3 parent to his/her U.S. citizen spouse or the stepparent-child relationship this marriage caused and upon which your I-130 is based. See 8 CFR 245.1©(6)(ii) for additional information.

Supporting Evidence for the Form I-485

You should submit all of the following evidence and documentation with your application:

* Two passport-style photos

* Form G-325A, Biographic Information

* Copy of your government issued photo identification

* Copy of your birth certificate

* Copy of passport page with nonimmigrant visa

* Copy of passport page with admission (entry) or parole stamp

* Form I-94, Admission/Departure Record

* Evidence of your marriage to the U.S. citizen within 90 days (for K-1s)

* Form I-693, Report of Medical Examination and Vaccination Record, if applicable

* Form I-864, Affidavit of Support

* Copy of approved Form I-130 or Form I-797, Notice of Action, if Form I-130 is pending (if K-3 or K-4)

* Copies of any other approved application or waiver you have had in relation with your application for K status (Approved Form I-129F, Form I-601, Application for Waiver of Excludability, etc.)

* Applicable filing fees

[sheila526 2]

payxibka - I don't know how can the OP apply for AOS without the I-130. I was told the wrong information too but I searched her in VJ and also asked what's the right thing to do.