K2 visa question

[Nick & Lily 0]

Can we file the I-485 paperwork for my wifes son who is on her passport, but has not yet arrived in the US? He was on my petition and has a K2 visa, but is still with his Grandparents until my wife can get AP document approval to go and get him. I know if we file his at the same time we file the wife's I-485 it is $300.00 cheaper...Any advise?

[payxibka 10,045]

Can we file the I-485 paperwork for my wifes son who is on her passport, but has not yet arrived in the US? He was on my petition and has a K2 visa, but is still with his Grandparents until my wife can get AP document approval to go and get him. I know if we file his at the same time we file the wife's I-485 it is $300.00 cheaper...Any advise?

NOOOOOOOOOOOOOOO... he must first have some sort of "status" IN the USA before you can apply to adjust it. Status is granted upon entry.

Look at the document requirements for the I-485. Do you have the I-94 for him? Do you have his port of entry? Do you have the admissions stamps in the passport? Does the USCIS have his "A" file (that was handed in at the port)? so on and so on and so on

moving from K-1 to AOS forum

Edited July 30, 2011 by payxibka

[Gary and Alla 3,694]

Can we file the I-485 paperwork for my wifes son who is on her passport, but has not yet arrived in the US? He was on my petition and has a K2 visa, but is still with his Grandparents until my wife can get AP document approval to go and get him. I know if we file his at the same time we file the wife's I-485 it is $300.00 cheaper...Any advise?

He cannot file until he enters the USA. She must also file before him (or simultaneously with him)

[Enigma11561 336]

I assume your wife's son is very young and that is why he is on her passport? He has one year after she receives her visa to enter the US as a K2.Being young you will have no issues with age limitations ( 21yo). But he must enter first before he can adjust status. I am also assuming you filed her AOS and AP/EAD together? If your wife must go back to pick him up then you have no choice but to get her AP to travel. My best suggestion to to have your wife travel there as soon after she receives her AP, because you don't want to possible miss her AOS interview. Once he is here then you need to file another AOS for him...and eat the extra cost. It MAY be possible that once he is here that you do an infopass appointment and ask if he can accompany his mother to her interview at the same time.I don't remember the age but very young children may not have an interview, but still must file.