Calling all K-2 AOSers - past and present

[Fernandez19 1]

hi, can a K2 leave the USA after receiving the Green card to study in his own country using the I-131????? thanks

Dierthy.. I am almost going through the same situation. I spoke to the Dominican Embassy in the US and they told me since they are receiving a conditional residence which is 2 years they shouldn't because then they will most likely not be approved for the permanent residence when removing conditions. They recommended the child stay here until receiving Permanent Residency and then you could fil for I-131 which is good for 2 years and they would have to come back to US and you could file ONE more time... You can only file the I-131 2 times!!!

Edited February 12, 2013 by Fernandez19

[Pitaya 2,577]

Hello SunDrop, JimVaPhuong, et al…,

Thank you for the great information on this reference sticky-thread. I found this thread invaluable in helping us assemble our information, and I was then able to ask any personal specific K-2 questions in the regular AOS K-1 Visa forum.

My wife and 19 yo stepson got their 2-year conditional GCs on 19 Nov 2012. Last week, with diligence, he received notice of 'resident-status for tuition and fee purposes,' effective Spring Quarter 2013 at our local community college (CC). Additionally, it was determined that he was eligible for a non-resident tuition waiver for this current quarter (Winter Quarter 2013), and will be getting a refund in tuition in his account. (We have been paying non-resident tuition for two quarters.)

My stepson started at a local CC within weeks of arrival in the US. Since his initial admission for Fall Quarter 2012, we have been working with the Residency Office at the CC in order for him to receive 'resident status.' I realize that the requirements will likely vary from state-to-state, hopefully this information may be of use to other similarly situated K-/K-2 immigrants.

Last fall, the very helpful residency officer at the CC, gave me a set of instructions for dependent students resident status requirements. Basically, I had to show proof of my legal presence in Washington State for the past twelve months and a copy of our Federal income tax year for 2012, Form 1040. (Yes, we were still in 2012, the officer said to provide a copy of the 2012 return ASAP, when available in 2013.) Last year, in my initial cover letter with the resident documents, I also had to include a statement that I was intending to claim my stepson as a dependent on our 2013 Federal income tax return. The residency documents that we had to furnish last year included many of the same documents that we had recently submitted in association with the K-1/K-2 visa process. This included:

• Copy of my US Passport bio page,
  
• Copy of my Washington State voter's registration card,
  
• Copy of my Washington State driver's license,
  
• Copy of my Washington State vehicle registration,
  
• Copy of recent house mortgage statement,
  
• Copy of letter from employer,
  
• Copies of wife and stepson's passport bio page, visa, and I-94 (front and back).
  

This past week after completing our first "MFJ" 2012 Federal income tax return, I prepared another packet of documents and sent them to the CC Residency Office, including:

• Copy of Form 1040 (2 pages) from our 2012 Federal income (signed, financial figures redacted),
  
• Copies of their Washington State identification cards,
  
• Copies of their 2-year conditional GCs (front and back).
  

It wasn't a lot of additional extra work, we already had many of the necessary document already at hand from dealing with USCIS. It sure helps the budget to be able to pay resident tuition at a local community college.

Happy Trails!

Edited February 17, 2013 by A&B

[Skholls 2]

Anyone please reply...sent of AOS/K1/K2 recently and had a response for I-1145 ACCEPTANCE

03/14/13 - Sent AOS for K1/K2 VISA

03/15/13 - UPS tracking delivered at Chicago Lockbox 08.05am at reception

03/20/13 - still no response from I-1145 acceptance

03/21/13 - Horray can u believe it at 2am this morning received 6 X email/txt notification - accepted and file sent to Local USCIS

OFFICE for processing Thank God...fo his greatness...We didnt use a Solicitor this time..did it all by myself..

[D N Medellin COL 75]

Anyone please reply...sent of AOS/K1/K2 recently and had a response for I-1145 ACCEPTANCE

03/14/13 - Sent AOS for K1/K2 VISA

03/15/13 - UPS tracking delivered at Chicago Lockbox 08.05am at reception

03/20/13 - still no response from I-1145 acceptance

03/21/13 - Horray can u believe it at 2am this morning received 6 X email/txt notification - accepted and file sent to Local USCIS

OFFICE for processing Thank God...fo his greatness...We didnt use a Solicitor this time..did it all by myself..

I will throw my our name in the hat on this thread - on Saturday we sent off our K1/K2, now again hurry up to wait. Also like you packaged it all ourselves, 3 months, ouch not for the faint of heart.

Good luck to you.

[Lzz1834 0]

I have a special case question need your help.

I came to the US via a K-2 visa 12 years ago. My father is K-1. He got married within 90 days and got us working permit and filed form I-485. But the marriage didn't work out. Before the adjust of status interview, my father and my stepmother separated and left the USA. I stayed and got married with an US citizen with kids. Can my wife adjust my status within the USA or I have to do it through consular process?

I understand that K-1 holders can only adjust his status with the petitioner through marriage. How about K-2? I have consulted many attorneys, but got different answers. Some say since my father got married, I should be able to AOS within the US. What really should I do?

[cleverest 1]

We are hoping for a little hand-holding guidance (to get this rolling)....My wife came here about 7mo ago from the Philippines (we were married 4mo ago) we are currently waiting for her EAD card (anytime now, she had her biometrics done at the UCSIS here in Cincinnati, OH, so now it's EAD green card waiting time...

Her K1 visa was approved last JUNE, and we have a 'K2 to follow' on it (her daughter is listed on her applications), she will be turning 5 this Sept, and there was some birth certificate name drama going on with her EX hence the delay in getting her daughter here quicker. I plan on adopting her once she arrives (but that is a whole other topic)

Anyways, we want to get the ball moving on her daughter so we can take advantage of her being included on my wife's visa (which they say can be done within 1 year of her approval),

So far this is our progress:

1) Visa for wife, we are married, social security (non-work) card for her NOT in her married name yet (waiting for green card/EAD now.)

2.) Passport and immunizations done (by family doctor) for daughter in the Philippines.

I've read so much information, I'm getting a bit confused on the next steps...do we need to email someone at the UCSIS (what email address?) and give them our case number and let them know we have a K2 to follow and that's it (is that even needed?) but then second, do what? What forms (I129f, etc?) need to be filled out, and what can we do now considering we don't have a green card (aos finished) for my wife yet...

Sorry if I missed the post here that explains all this or I'm just too confused...any help appreciated SOOOO much!

- Brett and Marichu

[JimVaPhuong 4,863]

I have a special case question need your help.

I came to the US via a K-2 visa 12 years ago. My father is K-1. He got married within 90 days and got us working permit and filed form I-485. But the marriage didn't work out. Before the adjust of status interview, my father and my stepmother separated and left the USA. I stayed and got married with an US citizen with kids. Can my wife adjust my status within the USA or I have to do it through consular process?

I understand that K-1 holders can only adjust his status with the petitioner through marriage. How about K-2? I have consulted many attorneys, but got different answers. Some say since my father got married, I should be able to AOS within the US. What really should I do?

I realize this post is six months old, but it was never answered...

The answer is no. A K2's status is dependent on the K1's status until conditions have been removed. The K2 can't get a visa unless the K1 also gets a visa. The K2 can't adjust status unless the K1 also adjusts status. The K2 can't remove conditions unless the K1 also removes conditions. Since the member who posted this question entered the US with a K2 visa they can only adjust status as a derivative of the parent K1 adjusting status. Since that isn't going to happen they have to leave the US and enter with a different visa - one that doesn't bind them to the K1.

Also, the person who posted this question has accrued a lot of unlawful presence in the US. That wouldn't necessarily stop them from adjusting as a K2, but only if the K1 parent adjusted status. If they leave the US they will receive an automatic 10 year bar from returning.

[terann 2]

Good Day everyone and to all nice people who shares and help for the k1/k2 AOS,

I have questions about AOS for K1/K2 visa. I don't know how to start and my English is not the best. I hope that you could give me some insights.

I have 2 K2's 7 and 6 years old, we arrived here in the US 3 months ago (March) , and got married last month (May)

Now we would like to apply for AOS but the problem for now is the budget is tight and since i have 2 k2 it'll be a bit pricey to do it all. So i would like to ask if I (K1) can apply an AOS first? Then the k2 will follow to file AOS after we save enough amount for the two of them. Is it possible to do that since we all went through the same process upon getting our visa and arrived here in the US at the same time? What are the steps to follow? We wanted to start my paper works but don't know what to do cause i am worried that it might affect my children's status.

Also i wasn't able to get my SSN because they ask for work authorization even though my I-94 did not expire yet they did not ask anything. They just ask me to come back once i get my Authorization for Work. What is the best thing to do?

Thanks

[Pitaya 2,577]

Good Day everyone and to all nice people who shares and help for the k1/k2 AOS,

I have questions about AOS for K1/K2 visa. I don't know how to start and my English is not the best. I hope that you could give me some insights.

I have 2 K2's 7 and 6 years old, we arrived here in the US 3 months ago (March) , and got married last month (May)

Now we would like to apply for AOS but the problem for now is the budget is tight and since i have 2 k2 it'll be a bit pricey to do it all. So i would like to ask if I (K1) can apply an AOS first? Then the k2 will follow to file AOS after we save enough amount for the two of them. Is it possible to do that since we all went through the same process upon getting our visa and arrived here in the US at the same time? What are the steps to follow? We wanted to start my paper works but don't know what to do cause i am worried that it might affect my children's status.

Also i wasn't able to get my SSN because they ask for work authorization even though my I-94 did not expire yet they did not ask anything. They just ask me to come back once i get my Authorization for Work. What is the best thing to do?

Thanks

Hi terann,

It looks like your posted this before starting your thread: http://www.visajourney.com/forums/topic/500361-can-k1-file-aos-and-k2-file-after/ . This pinned thread often goes unanswered, starting your own fresh thread is the good way to go. To sum it all up, the best thing to do is to try to start the AOS process for you and the children. You can apply for an EAD/AP combo card at the same time as you file your AOS with no additional fees. For the reasons mentioned in the linked thread, you should also try to start the childrens' AOS processes at the same time. aaron2020 and I gave you several compelling reasons for doing that. Be sure to read the links provided in the linked thread, there is some great info there.

Good luck on your immigration journey.

Edited June 10, 2014 by A&B

[bigdog 376]

Good luck to all in this position.

[Tina and Johan 206]

Hello! in just a couple weeks, my (soon to be) husband and his 10 year old son will be going through AOS. I have read the guides, the flowcharts, etc, but just want to clarify: Our K2 needs all the same documents and forms as his dad? And all total, they need 6 (SIX?!) passport photos, 2 for each: GC, AP, and EAD? (I know at 10, he can't work, but getting this for him allows us to also get him a SSN, which his school and the IRS will want) Thanks in advance! We're aiming for August 1st for our mailing date.

Tina

[jhoanRob 2]

is there any deadline for the aos of k2's?

[vmendioro 0]

Hi everyone! I wonder if anyone had a similar case as ours.

Me and my husband got married and we will now file our aos including AOS for k2. My k2 is a 2yr old. however, he still uses my maiden surname (Alameda).

Question: Is adoption the answer to change or update my k2's lastname to my husband's before applying aos for him?

Hope for your insights. Thank u so much

[tinnmonis 0]

hi. pls help me. im a k2 visa holder and im 20 years old. i just came here at u.s last january 19 and im going 21 on feb. 19..what forms do i need to sign/file. pls help me. im kinda confuse .

[Joanne24 0]

I'm just so confused about what to do with the filing of my K1.

However, I am more concerned about the Visas for my kids.

I'd like to file for K2 visas, and I would, under my K1.

However, my youngest, Trev, is not under my last name.

Note that I have never married his biological father, but in my country, it is allowed for the child to use the father's surname, as long as there is consent and the father is able to sign on the birth certificate and an affidavit of non-marriage.

I have read and looked at so many sites regarding the qualifications for applying for K2.

Not one mentioned anything about my concern, and I don't have any professional help (lawyer) to guide me.

My question is, will it be an issue if two of my kids are under my last name and my youngest is not?

Will I still be able to file for a k2 visa for my son?

Please find time to help.

Regards and thanks,

Joanne