Calling all K-2 AOSers - past and present

[perez525 8]

great information.

[RainbowDucks 5]

Thought this information might be helpful to other parents who have K-2's that are follow to join.

My 15 year old daughter was never listed as a follow to join on our original application, as she was staying in Australia. Circumstances changed though a few months after I had arrived in the USA. Myself and my son were already in the USA, I was already married and we had already applied for our AOS, when I got a call saying that my daughter would have to come to live with me.

I contacted the Sydney Consulate in Australia as we were still within the 12 month follow to join period, and they sent me instructions within 24 hours with a list of forms and other evidence/ID/paperwork they would need. The process was very quick, and Sydney Consulate are very good at answering emails quickly and with all the information needed.

We gathered all the required documents and forms and sent them in to the consulate (always using trackable mail).

Once they received our packet 3, we received packet 4 within 48 hours, with an interview date just under 3 weeks away.

My daughter took a family member with her to her interview, and they were allowed to go upstairs with her. The family member did not accompany her to her interview by her choice.

She was treated with respect and her interviewer was patient and professional. I have written a second review for Sydney Consulate for my daughter's follow to join interview.

From arriving downstairs to finishing her interview was around maybe half an hour.

After the questions at the interview (not many) she was told she was approved and her passport would be sent out to her (in the envelope she provided) within a week with her visa inside.

The envelope arrived on the 3rd day after the interview. Everything in order.

My daughter flew out a few weeks later with Qantas. Qantas provide a free service for unaccompanied minor's travelling on their flights.

She was taken into custody from a family member at Sydney International airport, with specific forms filled in with both my details here in the USA, and the family member who dropped her off at the airport.

The Qantas staff member stayed with her, assisting her through the customs process in Sydney airport, and putting her on the plane in her seat.

Once she landed in Dallas (USA) International airport, she again was assisted by a Qantas staff member who stayed with her and assisted her through the immigration process at her POE in DFW Airport.

There were several flights that landed at the same time, so it took my daughter a few hours to get through immigration and customs at DFW. She was escorted by the member of Qantas the whole time until she was handed over to me. I had to show my ID and sign paperwork for her to be handed over to me.

We chose Qantas because they are the only airline flying directly from SYdney to Dallas Fort Worth with no stops. Much safer for an unaccompanied minor we thought.

All in all it was a positive experience for my daughter (although she was nervous, it was her first international flight) and she is happy to be here.

Not sure if the information is helpful to anyone or not, but I know I wished I'd have found something similar when we started our follow to join process, so hopefully it might be of some help, or at least a little comfort, to someone else going through the same process.

Very happy to have my daughter here after not seeing her for 9 months.

[RainbowDucks 5]

Almost forgot...

I finally have an answer to my original question in this thread.

I checked her i-94 when she arrived the other day to see how long she had to apply for her AOS.

She has a 90 day valid period the same as we did when we arrived. So October 25th.

Just in case anyone else was wondering the same thing.

[Suplada 1]

I hope someone can help me here.. I just have a question about k2 to follow.. I am about to file adjusment of status for my son.. And i am wondering about the affidavit of support.. I donr have any copy of my papers before so my husband and I plan to make a new I-864 and i am wondering if do we still need to give a tax and w2 ect.?

[JimVaPhuong 4,863]

I hope someone can help me here.. I just have a question about k2 to follow.. I am about to file adjusment of status for my son.. And i am wondering about the affidavit of support.. I donr have any copy of my papers before so my husband and I plan to make a new I-864 and i am wondering if do we still need to give a tax and w2 ect.?

Sorry I missed this. Pinned threads are mainly to provide reference material, so regular members don't read them very often.

Yes, you need to provide the tax return or transcript with the child's I-864 since you didn't file his AOS at the same time as yours.

[islandnook23 3]

hi everyone. :) so i came to the US august 2011 with a k1 visa, married within the 90-day period, adjusted status and just got my green card last week, waited for 9 months for that precious card. my kid came on a follow-to-join k2 visa june 2012... and we are about to file his aos next month. my child's name was on the I-864 that we submitted when we filed for my AOS from k1. my affidavit of suppport was under my husband's coz he was the one working then. but my husband got laid off, so he's jobless now and i'm the one with a job. now my questions are:

1.) should i submit a new I-864 for my child's AOS? i just started working so i won't be able to submit any ITRs and all that stuff. how does that work?

2.) my child did some medical exam for school and got one immunization, and the doctor said that's all he needs. so does he still need a medical for the AOS? he also got a medical exam when before his interview in the philippines.

3.) and will the k2 AOS process take as long as mine? do they still have to do initial review, blahblah or will they just base it on the fact that mine got approved and just approve it right away??

:help:

THANK YOU SO MUCH!!!

[JimVaPhuong 4,863]

1.) should i submit a new I-864 for my child's AOS? i just started working so i won't be able to submit any ITRs and all that stuff. how does that work?

You have to submit a new I-864 just for the child. The only time you can use the K1's affidavit of support for the K2 is if both are filing for adjustment of status at the same time.

Your husband is the petitioner and therefore the primary sponsor. He must submit an I-864. You are now a qualifying household member, so you can submit an I-864A to combine your income with his and help him qualify. The IO has to determine if your combined income for the year you sign the affidavit of support will be enough to qualify. In other words, they're going to forecast what your total income for the year is going to end up being on December 31, 2012. If it won't be enough then you'll need a joint sponsor.

2.) my child did some medical exam for school and got one immunization, and the doctor said that's all he needs. so does he still need a medical for the AOS? he also got a medical exam when before his interview in the philippines.

It depends on how long ago his medical was in the Philippines, and whether all of his vaccinations are completed. If the DS-3025 is marked incomplete then, at a minimum, he'll need to have a civil surgen transcribe his vaccinations to an I-693, and he may need some additional vaccinations.

Immigration medical exams conducted by a panel physician in a foreign country are usually valid for either six months or 1 year. I believe that medical exams done in the Philippines are valid for 6 months. If his medical exam has expired then he'll need to see a civil surgeon for a complete medical.

3.) and will the k2 AOS process take as long as mine? do they still have to do initial review, blahblah or will they just base it on the fact that mine got approved and just approve it right away??

The amount of time it takes is based mostly on how many people are in line in front of you. K2 adjustment of status is handled just like any other adjustment case.

[ta_tiana 0]

Hi thank you for share the experience of the AOS for K2

I entered with visa K1 en 2008 and married in the 90 days, but adjusting until now 2012.

Filling the form I-485 form for my son (k2 and 10 years old) I do not know what to in part 5.

1.-Should I Sign y write my name in part 5?

2.- Do I sing The other forms as well?

3.- Is this all the forms?

I-485

I-864(copy of K1's)

I-765

I-131

Thank you

[Ayeen & Tim 1]

Hi. I have children to follow me here in US early next year. My son will be 15 and my daughter is 11. They will be coming here as K-2.I'm not sure if they will be allowed to go back to the Phils and proceed their studies there after they received the conditional green card. Is there a certain period of time to stay outside US with conditional green card? Do they have to stay in US until the removal of condition of GC? Thanks.

[JimVaPhuong 4,863]

Hi. I have children to follow me here in US early next year. My son will be 15 and my daughter is 11. They will be coming here as K-2.I'm not sure if they will be allowed to go back to the Phils and proceed their studies there after they received the conditional green card. Is there a certain period of time to stay outside US with conditional green card? Do they have to stay in US until the removal of condition of GC? Thanks.

This isn't really directly related to the subject of K2 adjustment of status, but I'll weigh in.

Green cards are for people who intend to reside in the United States, so the government requires that permanent residents maintain their primary residence in the United States, and limit their time abroad. If an immigration officer ever determines that a permanent resident isn't maintaining their primary residence in the US then they'll revoke their permanent resident status. The CBP officer at the port of entry usually makes this determination. If a permanent resident remains abroad for more than six consecutive months then the CBP officer may suspect that they've abandoned their US residence. If a permanent resident spends more than half of a calendar year outside the US, even if they return periodically to the US, then the CBP officer may suspect they've abandoned their residence. If the permanent resident remains abroad for more than one year without returning to the US, and did not apply for a reentry permit before leaving, then the CBP officer is required to assume that they've abandoned their residence. If a permanent resident applies for a reentry permit before leaving the US, and remains abroad for more than two years without returning to the US, then the CBP officer is required to assume that they've abandoned their residence.

An alien who has abandoned their residence in the US may be able to obtain a returning resident's visa at a US consulate if they can convince the consulate that their extended absence was unforeseen and due to circumstances beyond their control.

The US government tends to be understanding when a permanent resident needs to return abroad to finish their education. The hard rules still apply - they can't remain outside the US for more than a year without a reentry permit, nor more than two years with a reentry permit. However, they tend to be more flexible with the discretionary rules. They're less likely to presume a permanent resident has abandoned their residence for an absence of between six months and one year if the absence was to attend school, especially if the permanent resident's parent or spouse remains in the US during that time.

Conditional permanent residents must apply to remove conditions and get a 10 year green card in the 90 day window before their conditional green card expires. K2 derivatives can apply at the same time, and on the same form, as the K1 parent, though they still need to pay separate biometric fees. A biometrics appointment will be made after the application is submitted. The K2 child must not miss the biometric appointment or their status will be revoked. Be sure to arrange for your children to be in the US for that appointment. Also, their conditional green card will expire months before they get their 10 year green card. The receipt notice they get when you file for removal of conditions will extend their status for one year. Be sure they bring that notice with them if they leave the US again during that time. They'll need that notice, along with their expired green card, to get back into the US.

[GrappleApple 10]

Hello K2ers!

Did any of yours have biometrics appointments? I find it strange mine have been requested to have one, especially the 5 year old, why would they take her fingerprints?

When I initially filed I only included a fee for me as its states under 14 years old do not have them.

Thanks!

[GrappleApple 10]

Foudn the answer to my own questio, for anyone else wondering:

If the K-2 adjustee is under 14 years of age, they will also receive a biometrics letter but are only required to attend for photos.

[imee09 0]

Good morning VJ's. Just quick question here. Do I need to fill up part 6 signature of person preparing form I-485 for my k2 though I will sign the box for applicant then put mother on it?

[GrappleApple 10]

Found the answer to my own question, for anyone else wondering:

If the K-2 adjustee is under 14 years of age, they will also receive a biometrics letter but are only required to attend for photos.

To update this!

We attended the biometrics for my three kids (12, 8 and 5) and they were required to do the whole thing, fingerprints, photo AND signature! My poor little 5 year old did so well writing her name on the electronic signature pad! Wasn't expecting that!

[dierathy 2]

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