IS It Another, 1,010 US Dollar? For My Son AOS?

[kjmel38 1]

Hi! Every One,

I Am wondering or Definitely have a Question in Mind, I Filed to Adjust Status,From K-1 Visa,and Paid that Amount, & then Now My Son entered in K-2 Visa,& Need to AOS too, But He is Included in All my paper Works ,Since We did the Visa Application,Once i'd been Approved As K-1 ,he then Immediately Approved As K2,He is Included in all the Forms My husband the Petitioner, did Last Year, He Petition us Both In One Time Application,But I Entered USA First, Before He entered, Now that He is here, & Need to do AOS, Do We Need to Pay Another 1,010 USA Dollar? for his AOS?Or Just Fill Up the Form Related to him And sent to USCIS? Every response is Highly Appreciated.Thanks.

Kjmel38

[payxibka 10,047]

Hi! Every One,

I Am wondering or Definitely have a Question in Mind, I Filed to Adjust Status,From K-1 Visa,and Paid that Amount, & then Now My Son entered in K-2 Visa,& Need to AOS too, But He is Included in All my paper Works ,Since We did the Visa Application,Once i'd been Approved As K-1 ,he then Immediately Approved As K2,He is Included in all the Forms My husband the Petitioner, did Last Year, He Petition us Both In One Time Application,But I Entered USA First, Before He entered, Now that He is here, & Need to do AOS, Do We Need to Pay Another 1,010 USA Dollar? for his AOS?Or Just Fill Up the Form Related to him And sent to USCIS? Every response is Highly Appreciated.Thanks.

Kjmel38

does not matter that the son was on your K-1 paperwork... AOS is a totally different process and there is no longer an ability for the child to ride on the parental "coat tails"... Fill out the paper work (I-485) and pay the fees.... It is $930 if under 14 or $1010 if 14 or older

[JimVaPhuong 4,863]

Hi! Every One,

I Am wondering or Definitely have a Question in Mind, I Filed to Adjust Status,From K-1 Visa,and Paid that Amount, & then Now My Son entered in K-2 Visa,& Need to AOS too, But He is Included in All my paper Works ,Since We did the Visa Application,Once i'd been Approved As K-1 ,he then Immediately Approved As K2,He is Included in all the Forms My husband the Petitioner, did Last Year, He Petition us Both In One Time Application,But I Entered USA First, Before He entered, Now that He is here, & Need to do AOS, Do We Need to Pay Another 1,010 USA Dollar? for his AOS?Or Just Fill Up the Form Related to him And sent to USCIS? Every response is Highly Appreciated.Thanks.

Kjmel38

Yep. As payxibka said, it's $930 if he's under 14, and $1010 if he's 14 or older. If he's under 14 then you could have saved some money if you'd filed his AOS at the same time as yours - it would only have been $600.

By the way, in English we only capitalize the first letter of the first word of a sentence, acronyms and initials (like AOS or USCIS), and proper names (like Jim and English). You can save yourself a lot of time typing by not capitalizing so many unnecessary words.

[kjmel38 1]

does not matter that the son was on your K-1 paperwork... AOS is a totally different process and there is no longer an ability for the child to ride on the parental "coat tails"... Fill out the paper work (I-485) and pay the fees.... It is $930 if under 14 or $1010 if 14 or older

Thanks, he will be turning 15 on 31st of October & his I-94, expire on November 24,2010.

Kjmel38

[kjmel38 1]

Yep. As payxibka said, it's $930 if he's under 14, and $1010 if he's 14 or older. If he's under 14 then you could have saved some money if you'd filed his AOS at the same time as yours - it would only have been $600.

By the way, in English we only capitalize the first letter of the first word of a sentence, acronyms and initials (like AOS or USCIS), and proper names (like Jim and English). You can save yourself a lot of time typing by not capitalizing so many unnecessary words.

Thanks to your response, great to know your comment

kjmel38

[truemetal 0]

Yep. As payxibka said, it's $930 if he's under 14, and $1010 if he's 14 or older. If he's under 14 then you could have saved some money if you'd filed his AOS at the same time as yours - it would only have been $600.

Could you be more specific about this? I am about to file AOS for my wife and step-son (he is 12), but could not find on USCIS website anything about the reduced rates.

In the instructions for I-485 it says "you may apply to adjust status based on your parent's form I-485" - does it mean that I do not have to file a separate I-485 for him?

[marriedtomrg 141]

Best case is to file both AOS applications at the same time:

wife and stepson together: $1,010 for your wife + $600 for your stepson (if AOS + EAD + AP are filed at the same time) = $1,610 + cost of getting I-1693 transcribed for each

As opposed to:

wife alone: $1,010 (if AOS + EAD + AP are filed at the same time) + cost of getting I-1693 transcribed

stepson later: $930 (if AOS + EAD + AP are filed at the same time) + cost of getting I-1693 transcribed

No, you don't have to file them together, but the boy still needs to file for I-485 (there is no piggybacking on his mother's application); it will cost you $330 more if you choose to defer your stepson's application...and even more if the EAD and AP are not filed at the same time as the AOS. EAD filed separately is $340 and AP is $305.

Could you be more specific about this? I am about to file AOS for my wife and step-son (he is 12), but could not find on USCIS website anything about the reduced rates.

In the instructions for I-485 it says "you may apply to adjust status based on your parent's form I-485" - does it mean that I do not have to file a separate I-485 for him?

Edited September 25, 2010 by marriedtomrg

[JimVaPhuong 4,863]

Could you be more specific about this? I am about to file AOS for my wife and step-son (he is 12), but could not find on USCIS website anything about the reduced rates.

It's in the form instructions, page 8. Look under "What Is the Filing Fee?".

In the instructions for I-485 it says "you may apply to adjust status based on your parent's form I-485" - does it mean that I do not have to file a separate I-485 for him?

No. It's referring to the fact that a K2's eligibility to adjust status depends on the K1's AOS. A K2's AOS cannot be approved if the K1's AOS is not approved. You also can't submit a K2's AOS application before the K1's AOS application - it would be denied. The K2's application must be submitted at the same time or after the K1's application.

The child still needs a complete AOS package, including the I-485. There are a few things that the child won't need. For example, the child needs an I-864 affidavit of support, but you don't need to duplicate the financial evidence (tax returns or transcripts) if the child's AOS package is submitted concurrently with the parent's. This is in the I-864 instructions. The VJ guides are a great start, but they're not a substitute for reading ALL of the instructions for every form.