K-2 AOS Forms

[Liltiggster 0]

I will be AOSing eventually and I know as part of my K1 package I have to send in I-485 AOS, I-693 Medical, G325-A, I-864, I-765 Work Autoriztion, I-131 Advanced Parole and all the documents and evidence that go with them.

My question is do I need to fill out separate forms for my 6 year old son as well? Or will he automatically be included seeing as his name is listed on most of those forms?

And he's only 6 so the I-765 for work authorization wouldn't apply.

Thank you

[Anh map 2,098]

I believe that as a K2 entrant you need to file the EAD (I-765) for your son so that he can get a social security number. Not sure if he would need a separate advance parole or not.

[Liltiggster 0]

But he's not going to be working for a long time I mean like if he wants to get a job later on in life when he's a teen wouldn't he already be a citizen by then and just apply for a SSN the regular way? Is there any reason he would need a SSN at the age of 6?

[sanfran2418 1]

i too filed for my wifes daughter. you will need all forms for the child except the i864 (affidavit of support). For the i864 your can make a copy of the mothers and put that in the childs packet. I suggest you get the EAD for child also so she can get her ss number and use that to claim on your next tax return.

[jkelly07 120]

many people have babys thay take the babys birthcertificate to the social security office an apply for a ss card,that ss number is yours for the rest of your life, a bank account for you child,for life insurance, child star, many things,

[JimVaPhuong 4,863]

But he's not going to be working for a long time I mean like if he wants to get a job later on in life when he's a teen wouldn't he already be a citizen by then and just apply for a SSN the regular way? Is there any reason he would need a SSN at the age of 6?

YES! He needs a Social Security number so that you and your spouse can claim him as a dependent on your US tax returns! You can't claim him as a dependent for tax purposes unless he's got a Social Security number.

But, you don't need to get him an EAD. He can get a Social Security number with the green card.

You file a separate AOS application for him. Pretty much all the same forms, with the exception of the I-864 - as long as he's listed on your I-864 then you only need to include a photocopy of that I-864 with your son's package.

If you file his application concurrently with yours then the fees for him are only $635.

[Liltiggster 0]

YES! He needs a Social Security number so that you and your spouse can claim him as a dependent on your US tax returns! You can't claim him as a dependent for tax purposes unless he's got a Social Security number.

But, you don't need to get him an EAD. He can get a Social Security number with the green card.

You file a separate AOS application for him. Pretty much all the same forms, with the exception of the I-864 - as long as he's listed on your I-864 then you only need to include a photocopy of that I-864 with your son's package.

If you file his application concurrently with yours then the fees for him are only $635.

Okay so then I can just wait until after I send off the AOS packages (and yes I am sending them together) and once we get our green cards then apply for his SSN so that my then Husband will be able to claim him on his taxes... but either way I don't need to apply for the EAD for my son.

[JimVaPhuong 4,863]

Okay so then I can just wait until after I send off the AOS packages (and yes I am sending them together) and once we get our green cards then apply for his SSN so that my then Husband will be able to claim him on his taxes... but either way I don't need to apply for the EAD for my son.

Correct.

[VanessaTony 3,567]

Okay so then I can just wait until after I send off the AOS packages (and yes I am sending them together) and once we get our green cards then apply for his SSN so that my then Husband will be able to claim him on his taxes... but either way I don't need to apply for the EAD for my son.

I don't even know if he's eligible for an EAD, but please bear in mind that as of Jan, the 2010 taxes are able to be filed. Depending on when you immigrate, and when you file AOS, you might need the EAD to get the SSN so your husband can file taxes before the April 15th deadline. Some GC's are taking a while. A friend of mine took 7 months.. and there was no RFE or anything.. just took that long.

[JimVaPhuong 4,863]

I don't even know if he's eligible for an EAD, but please bear in mind that as of Jan, the 2010 taxes are able to be filed. Depending on when you immigrate, and when you file AOS, you might need the EAD to get the SSN so your husband can file taxes before the April 15th deadline. Some GC's are taking a while. A friend of mine took 7 months.. and there was no RFE or anything.. just took that long.

The IRS website gives two options in this case. You can file without claiming the child as a dependent, and then file an amended return when the child gets an SSN. Or, you can file a form 4868 asking for a six month extension to file the return.

http://www.irs.gov/faqs/faq/0,,id=199714,00.html

[Anh map 2,098]

I did a bit of looking (to refresh my own memory as much as to make sure I wasn't believing something that isn't true) and saw it right there in the good ol' VJ Step by Step Guide to getting a SSN. It states: As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to show this to the SSA agency to be eligible to receive a SSN.

Seems a bit odd that a youngster would need the EAD but that's what SS office would need. I was thinking for school enrollment or tax filing. Jim's suggestion(s) make more sense.

Just wanted to show I wasn't speaking like a loon on this topic.

Edited November 29, 2010 by Anh map

[JimVaPhuong 4,863]

I did a bit of looking (to refresh my own memory as much as to make sure I wasn't believing something that isn't true) and saw it right there in the good ol' VJ Step by Step Guide to getting a SSN. It states: As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to show this to the SSA agency to be eligible to receive a SSN.

Seems a bit odd that a youngster would need the EAD but that's what SS office would need. I was thinking for school enrollment or tax filing. Jim's suggestion(s) make more sense.

Just wanted to show I wasn't speaking like a loon on this topic.

An EAD is for someone who is authorized to work, but isn't a permanent resident. Someone waiting for their green card to be approved might apply for an EAD so that they can work while they're waiting. The EAD becomes invalid once the green card is issued because a permanent resident is inherently authorized to work. SSA will issue a Social Security number to a green card holder. An EAD isn't necessary once you have a green card.