K-2 AOS PROCEDURE???

[kjmel38 1]

Hello!!!! Every one,

Good morning,

Well , i was here as GC holder, & my son entered USA as K-2 Visa last August 24,2010

and now is the time for us to file for his AOS , but i want to ensure i'm doing the right thing, & filing the right forms,

My first question is? who will fill up the Form I-864 ? Is It me or my husband? i am his biological mother but my husband is the one who petition us both .

My second question is what more related forms to be fill up besides all this forms-

G-325 A,F -I 864,F - 130 , F I-485 ,F - I -765?

My 3rd question is? Can my Son used my husband surname in adjusting his status?

when i was a single mom he is using my surname , but now i am married, can he use

my husband surname too? in adjusting his status???

Thank you very much, your response will be a big help to us.

kjmel38

[marriedtomrg 141]

Hello!!!! Every one,

Good morning,

Well , i was here as GC holder, & my son entered USA as K-2 Visa last August 24,2010

and now is the time for us to file for his AOS , but i want to ensure i'm doing the right thing, & filing the right forms,

My first question is? who will fill up the Form I-864 ? Is It me or my husband? i am his biological mother but my husband is the one who petition us both .

Your husband can petition him in a stepfather-stepson relationship, provided that you can show you guys got married while your son was under 18 years old. If that's the case, your husband has to update the I-864 he prepared for you.

My second question is what more related forms to be fill up besides all this forms-

G-325 A,F -I 864,F - 130 , F I-485 ,F - I -765?

Your son only needs the G-325A if he is 14 years old or older. How old is he? He will need the I-864, I-485, I-765; if you guys are planning any vacations outside the US anytime soon, he will also need an I-131 (advanced parole). I-130 is not needed if you included him on your I-129F. And because he is adjusting his status separately from you, his fee would be $930, no biometrics fee (if he is below 14) or $$1,010 if he is 14 or older.

My 3rd question is? Can my Son used my husband surname in adjusting his status?

when i was a single mom he is using my surname , but now i am married, can he use

my husband surname too? in adjusting his status???

No, use the name that you put in the I-129F when the petition was first filed. That must be the name that appears on his birth certificate. He can only use your husband's name if your husband adopts him. And he can only be adopted if both you and the boy's biological father both agree to the process.

Thank you very much, your response will be a big help to us.

kjmel38

[kjmel38 1]

Thank you very much!!!

Your response is absolutely a great help to us, he is 14 but turning 15 this 31 of october, Yes!!! he is include in all my paper works since my K-1 Visa process, when my Visa approved , he is Automatically got approved as K-2,had affidavit of support for him seperately that he used in USEM.

I am not married to biological father & never had any connection to him since my son was born , i brought up my son on my own, no any single penny that comes from him, i lived as a single mom for 14 years never had help from biological father, definitely no connection to him. what do you think i must do? to have him use my husband name ? because he loves to have it though , just asking if you know? thank you very much

Were not planning of going out soon of the country , needs to settle down all this matter first. It means he just only need to fill up G-325 A, Our F-I 864 & F I 485? is it?? Thank you Once again

Kjmel38

[marriedtomrg 141]

Thank you very much!!!

Your response is absolutely a great help to us, he is 14 but turning 15 this 31 of october, Yes!!! he is include in all my paper works since my K-1 Visa process, when my Visa approved , he is Automatically got approved as K-2,had affidavit of support for him seperately that he used in USEM.

I am not married to biological father & never had any connection to him since my son was born , i brought up my son on my own, no any single penny that comes from him, i lived as a single mom for 14 years never had help from biological father, definitely no connection to him. what do you think i must do? to have him use my husband name ? because he loves to have it though , just asking if you know? thank you very much

You may want to find out what the steps are for your current husband to adopt him...if it is a long process, might as well have the boy adjust status using his current name. Do not let him adjust staus using your husband's name because that will cause all sorts of problems since he has not been adopted yet. He will have the chance to use your husband's name if you are able to finalize adoption before removal of conditions...which is 21 months from the time he receives his green card.

Were not planning of going out soon of the country , needs to settle down all this matter first. It means he just only need to fill up G-325 A, Our F-I 864 & F I 485? is it?? Thank you Once again

Your son needs the I-765 also. With tax time coming in the second quarter of 2011, your son needs an EAD to get a SSN. You and your son need an SSN for your husband to include you both on his taxes as his dependents. File the AOS application package for your son as soon as you can before the rates go up in November 23.

Kjmel38

[kjmel38 1]

To marriedtomrg,

Thank you very much to your help, very well information i got, may God Bless you more!!!

Kjmel38