Calling all K-2 AOSers - past and present

[Mcrainey 0]

Hello everyone i just applied for my daughter k2 aos but sad to say they reject it and send it back to me with the rejection notice i did hers the way i did mine a year ago. i send a seperate affidavit of support for her too coz i didnt include her name on my husband affidavit of support the last time i applied for my aos. the letter say the priority date cannot establish and there's a form that may be provided like I 130, I 140 and I 360..my questions is do i need to file an I 130 for her she follow to join me here and i already got my 2 year year conditional gc last year thats why im applying for her now i dont know why they reject it.. Do i need to sign on the form because my daughter is the one who sign on it because shes already 17 yrs old any comments or advice is highly appreciated i cant afford to hire an attorney thats why i need help here..

[July28 1]

Help Help Help!!

Any input will be appreciated please.

I came in here in USA about 5 years ago . Came in under K1 Visa. I brought my 2 kids with me 7 years old and 2 years old under K2 Visa. . I adjust my status and now I am a Citizen. I have not done my kids adjustment of status due to financial reason.

Question

1. What process should I do for my kids ?do I still have to adjust their status first or just apply for citizenship now?

[Ksenia_O 696]

Do they go to school?... Just curious how they were able to get their SSN if you didn't file their AOS' ? K2 is eligible for SSN only after receiving EAD or a Green card.

Anyway, I might be mistaken, but as far as I know the K-2 must adjust to an LPR to gain US citizenship.

Well, there have been examples of kids (K2s) here, who grew up, but they never had AOS filed for them. And now they are in the US with no status and there is nothing they can do about it...

But, of course, it was totally up to you to take that risk...

Besides it's cheaper to file at the same time as the K1, so you would have saved money.

File AOS together
AOS ROC
K1:$1070 $590
K2-1:$635 $85
K2-2:$635 $85

TOTAL:$3100

File AOS apart
AOS .ROC
K1:$1070 $590
K2-1:$985 $590
K2-2:$985 $590

TOTAL:$4810

So, if I'm right and you still need to file AOS for your kids, you'll be spending $700 more by filing separately, and if along with ROC (not sure about this because of kids' age), it might be $1710 more .

Edited January 13, 2016 by Ksenia_O

[Clauwick 5]

Hello everyone, does someone help me with the documentation k2, I'm actually being unable to fill out the forms. Does it have any responded model for me guide me? Thank anticipated by those who could guide me.

[colombianmainer 2]

I just received email confirmation of the I-485, I-765 and fingerprints fee accepted, my question is: do they include my K2's as well in this notice or shall i be expecting another 2 confirmations?

[colombianmainer 2]

Hello everyone, does someone help me with the documentation k2, I'm actually being unable to fill out the forms. Does it have any responded model for me guide me? Thank anticipated by those who could guide me.

There are really no examples for a K2 paperwork but you can guide yourself with the example forms from VJ http://www.visajourney.com/content/examples

Fill them out as if it was you but with your child's information

[Clauwick 5]

I just received email confirmation of the I-485, I-765 and fingerprints fee accepted, my question is: do they include my K2's as well in this notice or shall i be expecting another 2 confirmations?

Hello colombianmainer, could you tell me how to include your k2 in the petition I-864 if you have a model. Sorry but I'm so lost it, need help.

Thank you

[Clauwick 5]

There are really no examples for a K2 paperwork but you can guide yourself with the example forms from VJ http://www.visajourney.com/content/examples

Fill them out as if it was you but with your child's information

Ok, thank you for your help

[gisselle.ambalong 0]

Hi everyone. I was adviced before that if my kids are going to follow me a year after, that I don't need to include their names in my affidavit of support for my aos, meaning the household count was only me and my husband since my kids are not here in the US yet. While waiting for my greencard, I've been trying to prepare the papers of my kids for their future aos and have been reading forums and stuff. I'm really confused because it says in most of the forums I've read that for my k2's aos they don't need their own affidavit of support, that i'll just use the one i submitted for my aos. Now the problem is, i can't really use it anymore since that affidavit has no names of my k2 in there. I am really at loss on what to do. Shall i make a new affidavit of support where their names are already included? If so, how will i fill it out? Because part 2 of the affidavit says about the main immigrant to be petitioned, i have two kids, therefore i need to write both their names. That section allows only one name to be written. If any of you has more than one k2 who followed u to the states a year after, please advice me on how to fill out the affidavit of support.

[Mydy 80]

Hi all!

Me and my son arrived here in Guam last January 12, 2016. I got married Jan. 21. My problem is, my son turned 21 last January 25.

We went to USCIS local office and they said this is their first time to encounter such situation so they have to email somebody at the USCIS mainland. At that time they told me not to file for the AOS yet and will call me as soon as they have the info handy.

We called USCIS customer service and was transferred to an officer who told me to do a concurrent filing,(I-130 amd I-485). Since my husband's printer not working, we went back to USCIS local office to request for I-130 form. The officer told me that My husband cant use I-130 for my son since it wont establish the step father- step son relationship as my son was already 20 years old when we got married. She suggested that I should do my I-485 first and file for an I-130 for my son as soon as I get my green card. He will be out of status by then. I have completed my AOS forms and will be sending it on Monday.

His K2 visa will expire on April this year.

I am worried for my son.

Anybody here have "aged out", out of status K2s but were able to adjust their status? What steps did you take? Please help.

[Ksenia_O 696]

Hi all!

Me and my son arrived here in Guam last January 12, 2016. I got married Jan. 21. My problem is, my son turned 21 last January 25.

We went to USCIS local office and they said this is their first time to encounter such situation so they have to email somebody at the USCIS mainland. At that time they told me not to file for the AOS yet and will call me as soon as they have the info handy.

We called USCIS customer service and was transferred to an officer who told me to do a concurrent filing,(I-130 amd I-485). Since my husband's printer not working, we went back to USCIS local office to request for I-130 form. The officer told me that My husband cant use I-130 for my son since it wont establish the step father- step son relationship as my son was already 20 years old when we got married. She suggested that I should do my I-485 first and file for an I-130 for my son as soon as I get my green card. He will be out of status by then. I have completed my AOS forms and will be sending it on Monday.

His K2 visa will expire on April this year.

I am worried for my son.

Anybody here have "aged out", out of status K2s but were able to adjust their status? What steps did you take? Please help.

You do not need to worry about your son turning 21. As long as he entered the U.S. before he turned 21, he is safe. He does not need to be under the age of 21 when he gets his green card. This based on the BIA's 2011 decision, which you can read at http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf.

NO I-130 is needed. File his AOS ALONG with yours.

GOOD LUCK!!!!

Edited February 11, 2016 by Ksenia_O

[Rich and Wen 101]

Your situation is exactly the same as ours. My wife and her son entered on Nov 7, we were married on Nov 9th, and his 21st birthday was Nov 17. We filed AOS with EAD and AP as soon as possible, had no problems whatsoever. We are now looking to file ROC for both of them.

[Mydy 80]

Thanks for your replies.

Well, we only had few days to file for the AOS. We were advised not to file the AOS by the USCIS local office since they want to get more information on what is the best way for adjusting my son's status. I understand that the AOS should be filed before the K2 turns 21 so his age will be "frozen". After that, we cant file I-485 for my son anymore.

Aaand, after 2 long weeks of no response from USCIS mainland, we were advised to file for my AOS first then I should do concurrent filing for my son after I recieve my green card.

This is stressing me out big time.

[Mydy 80]

You do not need to worry about your son turning 21. As long as he entered the U.S. before he turned 21, he is safe. He does not need to be under the age of 21 when he gets his green card. This based on the BIA's 2011 decision, which you can read at http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf.

NO I-130 is needed. File his AOS ALONG with yours.

GOOD LUCK!!!!

The officer from the USCIS field office told me that she needs to get back to me as she will be asking someone from USCiS mainland about this matter. She told me about the "Matter of Le" case. I read it and it seems that he filed for his AOS before he even turned 21. His petition was denied as he turned 21 while waiting for the decision.

[Ksenia_O 696]

The officer from the USCIS field office told me that she needs to get back to me as she will be asking someone from USCiS mainland about this matter. She told me about the "Matter of Le" case. I read it and it seems that he filed for his AOS before he even turned 21. His petition was denied as he turned 21 while waiting for the decision.

It's not about when he field. Although it's mentioned. It's about the time of alien’s admission to the United States, which was selected as the appropriate date to establish eligibility for adjustment.

Your son's K2 was issued, he entered the US when he still was 20. He met the definition of a "minor child of his alien mother" and satisfied the visa eligibility and availability requirements. Period.

Of course it's all up to you - to file his AOS now, or put him "on hold", waiting for possible "miracle" answer from USCIS field office...

When his K2 visa is expired, he will be out of any status here.. With no pending AOS, without EAD and social security number as well, so - NO work or studying... NOTHING. ILLIGAL. And it will be completely your fault, not because of his age...

I had the same situation. The only difference is my son arrived 3 months later than me. We filed his AOS separately. Later his case was attached to mine and we got approval at the same day. We received our green cards also at the same day.

Your son's K2 visa is still valid. Just file AOS ASAP, and he will be save.

Edited February 12, 2016 by Ksenia_O