Calling all K-2 AOSers - past and present

[sunny_phil 1]

1.you cannot file for AOS for the children until they have entered the USA.

2. you would list all of your children, but you would check no for "applying with you". once they are in the USA, each child will need a separate AOS application.

So that means, they will enter the U.S. still under their K-2 visas.

Thanks for the quick response sunandmoon. Greatly appreciated!

[sunandmoon 450]

So that means, they will enter the U.S. still under their K-2 visas.

Thanks for the quick response sunandmoon. Greatly appreciated!

don't forget, they're K-2 Visas must be issued within one year of the date your K-1 Visa was issued.

[sunny_phil 1]

don't forget, they're K-2 Visas must be issued within one year of the date your K-1 Visa was issued.

Their K-2 visas were issued at the same time with my K-1 visa. I am going back home to get them and hoping that the AP request will be granted before their K-2 visa expires.

[ta_tiana 0]

Hello just starting my process of K2

Can somebody post the list of Forms and suport documents that go with

Please.. Thank you

And should I sent to packages ONE for K1 and other For K2?

[JimVaPhuong 4,863]

Hello just starting my process of K2

Can somebody post the list of Forms and suport documents that go with

Please.. Thank you

And should I sent to packages ONE for K1 and other For K2?

Sorry, I don't look at sticky threads very often.

Are you asking about documents for the visa or for adjustment of status?

[crecpa 0]

My wife's daughter arrived in the USA on April 17, 2012 on a K-2 VISA. We applied for her AOS on April 25th and the application was received at the USCIS Chicago Lockbox on April 27th. It is now May 7th (11 days later) and our check has still not been presented to the bank nor have we received an RFE.

We are concerned that she may "age out" since she will be 21 on July 24, 2012. My question is do we need to be concerned that the packet is being returned or rejected for some reason?

Thank you.

[StvM 1]

My wife's daughter arrived in the USA on April 17, 2012 on a K-2 VISA. We applied for her AOS on April 25th and the application was received at the USCIS Chicago Lockbox on April 27th. It is now May 7th (11 days later) and our check has still not been presented to the bank nor have we received an RFE.

We are concerned that she may "age out" since she will be 21 on July 24, 2012. My question is do we need to be concerned that the packet is being returned or rejected for some reason?

Thank you.

She will not "age-out". As to application and check... Our papers were received on April 23, but processed on May, 4, check cleared May, 7.

Edited May 8, 2012 by StvM

[JimVaPhuong 4,863]

My wife's daughter arrived in the USA on April 17, 2012 on a K-2 VISA. We applied for her AOS on April 25th and the application was received at the USCIS Chicago Lockbox on April 27th. It is now May 7th (11 days later) and our check has still not been presented to the bank nor have we received an RFE.

We are concerned that she may "age out" since she will be 21 on July 24, 2012. My question is do we need to be concerned that the packet is being returned or rejected for some reason?

Thank you.

The current policy of USCIS is that a K2 must have entered the US before their 21st birthday in order to secure their eligibility to adjust status. It's no longer necessary for a K2's adjustment of status to be approved before their 21st birthday. This is the result of a BIA decision issued in June of last year.

http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

[StvM 1]

The current policy of USCIS is that a K2 must have entered the US before their 21st birthday in order to secure their eligibility to adjust status. It's no longer necessary for a K2's adjustment of status to be approved before their 21st birthday. This is the result of a BIA decision issued in June of last year.

http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

And USCIS clearly states "Yes, USCIS will follow the BIA’s decision in Matter of Le" during Q&A with AILA on October 5, 2011 (page 8 of attached file)

http://www.uscis.gov/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2011/October%202011/QandA_AILA_Fall%202011_mtg.pdf

Edited May 13, 2012 by StvM

[RainbowDucks 5]

Hi all

I am a k1 who recently got AOS approved. I had my son travel with me, so he also has his AOS approved as well.

I have a daughter who is 15, who is unexpectedly having to follow to join.

I have not been able to find a definite answer on how long a follow to join has after entering the USA to submit the AOS forms? I know that I had 90 days to marry and apply for AOS, but as she is following to join, I am unsure as to whether we will have to submit her AOS as soon as she enters the USA, or if we have a certain time frame in which to submit her i-485.

Does anyone know for sure? I would greatly appreciate any information at all.

Have a great day

[jaytin 6]

There aren't a lot of K-2 AOS filers around, and this makes the available information scant and spread out. There are so many different ways of phrasing K-2 related questions and you can't search for K-2 specifically, because 'K-2' is only 3 letters long! lol

I've been threatening a K-2 thread for a while now, and was reminded to get it started after reading a very helpful post relating to K-2 filing fees here.

So if you have filed, or have questions about filing AOS paperwork for your K-2, please post and contribute. I will do the same as I did with the UK Between NOA2 and Interview thread, namely edit post #2 in this thread into a cumulative resource, until it's juicy enough to be transferred into the wiki.

Hi. I got here in IL last Feb. 11, 2012 im married now and already file my AOS. My hubby and I planned to get my daughter (8 years old now)next month, but i saw on the conversation here that "its a must to put the name of the child at the section 9 of I-864", im confused now because I dont put the name of my daughter in my husband I-864 instead just put her name at I-485. Is there any problem if we will use another "supporting docs" (I-864)for my daughter? Thanks in advance VJ's.

Edited May 20, 2012 by jaytin

[jaytin 6]

Hi. I got here in IL last Feb. 11, 2012 im married now and already file my AOS. My hubby and I planned to get my daughter (8 years old now)next month, but i saw on the conversation here that "its a must to put the name of the child at the section 9 of I-864", im confused now because I dont put the name of my daughter in my husband I-I84 instead just put her name at I-485. Is there any problem if we will use another "supporting docs" (I-864)for my daughter? Thanks in advance VJ's.

[JimVaPhuong 4,863]

Hi all

I am a k1 who recently got AOS approved. I had my son travel with me, so he also has his AOS approved as well.

I have a daughter who is 15, who is unexpectedly having to follow to join.

I have not been able to find a definite answer on how long a follow to join has after entering the USA to submit the AOS forms? I know that I had 90 days to marry and apply for AOS, but as she is following to join, I am unsure as to whether we will have to submit her AOS as soon as she enters the USA, or if we have a certain time frame in which to submit her i-485.

Does anyone know for sure? I would greatly appreciate any information at all.

Have a great day

There's no time limit. Their I-94 will probably have a validity of 90 days. After that they'll be out of status. File the AOS as soon as you're able.

Hi. I got here in IL last Feb. 11, 2012 im married now and already file my AOS. My hubby and I planned to get my daughter (8 years old now)next month, but i saw on the conversation here that "its a must to put the name of the child at the section 9 of I-864", im confused now because I dont put the name of my daughter in my husband I-I84 instead just put her name at I-485. Is there any problem if we will use another "supporting docs" (I-864)for my daughter? Thanks in advance VJ's.

If you had listed your daughter in section 9 of your I-864 then you would have only needed to include a copy of that I-864 with your daughter's I-485. Since you didn't then you'll need a complete I-864, with supporting documents, for your daughter. It's not a problem, and it shouldn't make anything less or more difficult.

[JessicaS 0]

Hi all

I am a k1 who recently got AOS approved. I had my son travel with me, so he also has his AOS approved as well.

I have a daughter who is 15, who is unexpectedly having to follow to join.

I have not been able to find a definite answer on how long a follow to join has after entering the USA to submit the AOS forms? I know that I had 90 days to marry and apply for AOS, but as she is following to join, I am unsure as to whether we will have to submit her AOS as soon as she enters the USA, or if we have a certain time frame in which to submit her i-485.

Does anyone know for sure? I would greatly appreciate any information at all.

Have a great day

Hi Kahls and Greg,

I just wanted to let you know my personal experience with this. My stepkids came over to join to follow in March 2012. Although we had fully intended to file for AOS by 90 days, the economic climate in the U.S. meant at that time we didn't have $2000 to apply. We ended up applying 180 days later. I can happily report there were no problems and both kids were recently granted their green cards without issue. But as JimVaPhoung rightly suggests, do it as soon as you can. Just wanted to let you know in case you were in a similar position.

Good luck!

Jessica

[RainbowDucks 5]

JimVaPhoung and Jessica,

Thanks so much for your replies, I really appreciate the advice!