Filing 130, Original Visa K-1, Married 2 years without AOS

[Richard-Y-Abigail 18]

Okay, I finally understand that we are better off filing for an I-130, since we have been married more than two years, to receive a 10 year GC, and not have to go through the 2 year conditional GC process. So, if you can all help me, I have a few questions:

We have two derivative K-2 Visas. When my wife came here on the K-1, she brought her two boys. If we went ahead and filed the I-485, etc... under the K-1 visa requirements we would be sending a check, I believe comes to $1,070 for my wife, and another $640 for each child (I think that's the price), if my memory serves me well. If we now apply for I-130, with the two derivatives, how much will we need to send? I am not sure if I am asking correctly...

Will we need to be interviewed once the I-130 is approved? What should we expect with these changes with costs, processes, and proof of evidence?

Has anyone gone through this before? I admit, I am sufficiently confused. Are we sending two checks? Are we sending two different packages? What more can you tell us?

[VanessaTony 3,567]

Okay, I finally understand that we are better off filing for an I-130, since we have been married more than two years, to receive a 10 year GC, and not have to go through the 2 year conditional GC process. So, if you can all help me, I have a few questions:

We have two derivative K-2 Visas. When my wife came here on the K-1, she brought her two boys. If we went ahead and filed the I-485, etc... under the K-1 visa requirements we would be sending a check, I believe comes to $1,070 for my wife, and another $640 for each child (I think that's the price), if my memory serves me well. If we now apply for I-130, with the two derivatives, how much will we need to send? I am not sure if I am asking correctly...

Will we need to be interviewed once the I-130 is approved? What should we expect with these changes with costs, processes, and proof of evidence?

Has anyone gone through this before? I admit, I am sufficiently confused. Are we sending two checks? Are we sending two different packages? What more can you tell us?

Best I understand it - You will need to file 3 I-130's (one for each K2 and one for your spouse) at $420 each ($1260). You will also need 3 I485's at $1070 each if older than 14, and $635 each if under 14 ($2340 if both kids are under 14). All of them will also require new complete medicals, the price could be anywhere between $200-$400.. each. You're looking at $3600 for just the petitions... best case scenario.

You will definitely have interviews. Evidence is more hard core. You've been married long enough they expect you to show the same sort of evidence as you would if you were applying for ROC.

Check wise I would send 3 separate checks for each petition/packet. But you should mail them in the same envelope as that's why the under 14 fee is cheaper (being filed with a parents).

Edited November 14, 2011 by Vanessa&Tony

[Richard-Y-Abigail 18]

We had new medicals within the past 4 months, because their first medicals were more than a year old. Will these work, or should we have a third medical? Are the medicals Visa specific?

[VanessaTony 3,567]

We had new medicals within the past 4 months, because their first medicals were more than a year old. Will these work, or should we have a third medical? Are the medicals Visa specific?

As long as they were done by a CS then they'll be fine.

[JimVaPhuong 4,863]

Probably doesn't apply in this case, but just thought I'd throw it out there...

Were both of the boys under 18 when you married? If so then you can file I-130's for them. If not then they could only adjust status based on the I-129F petition and K2 visa, and that would only be possible if the mother also adjusts on the same basis.

I bring this up because I saw someone else make the mistake of sending I-130's for a K1 spouse and K2 son when they had married just after the son's 18th birthday. They sent the AOS applications just after two years of marriage, and before the son was 21 years old. The spouse's adjustment of status was approved, and she got an unconditional green card. The son's AOS was denied because the step-child relationship was established after he was 18, and he couldn't adjust status based on the I-129F because the primary beneficiary (his mother) didn't adjust status on that basis. The son had to leave the US and mom had to file a separate petition for him.

[Richard-Y-Abigail 18]

Oh, I never thought about that specifically, for the K-2 Visas. Looks like we will just do the I-485 and the rest of the packet, and just accept that we will need to have a two year conditional, and remove conditions later. We are just glad that we finally have the money for all three visas. Another two years doesn't really bother us. We plan on being married for the rest of our lives anyways.

[JimVaPhuong 4,863]

Oh, I never thought about that specifically, for the K-2 Visas. Looks like we will just do the I-485 and the rest of the packet, and just accept that we will need to have a two year conditional, and remove conditions later. We are just glad that we finally have the money for all three visas. Another two years doesn't really bother us. We plan on being married for the rest of our lives anyways.

Hold on! You only have to do this if you married after one or both of the kids was over 18. If you married when they were under 18 then immigration law recognizes the step-parent/step-child relationship, and the US citizen can submit I-130's for them. Were either of them over 18 when you married? Are either of them over 21 now?