ROC for K2

[Enigma11561 336]

I am a few months away from filing for my wife's ROC. I understand the process. What I do not know is if I need to repeat the whole process for her son, a K2 to follow, who arrived several months after her. Obviously, I do not need to show the same documentation ( marriage relationship), but do I need to file all the same paperwork and pay the fees twice? I am thinking yes, but would appreciate hearing back from others who have been down this path. Thanks.

[Enigma11561 336]

I am a few months away from filing for my wife's ROC. I understand the process. What I do not know is if I need to repeat the whole process for her son, a K2 to follow, who arrived several months after her. Obviously, I do not need to show the same documentation ( marriage relationship), but do I need to file all the same paperwork and pay the fees twice? I am thinking yes, but would appreciate hearing back from others who have been down this path. Thanks.

No replies? Some one had to have gone through this at some point. Really would appreciate an answer.

[bolin786 21]

If your dependent K-2 visa holder received Permanent Residency Status at the same time or within 90 months of your wife, you can include her/him in the same application by listing him/her in section 5 of the application. You have to pay an additional fee for biometrics if the dependent is older than 14 years.

Archie

Edited April 25, 2012 by bolin786

[Cino 5]

I am a few months away from filing for my wife's ROC. I understand the process. What I do not know is if I need to repeat the whole process for her son, a K2 to follow, who arrived several months after her. Obviously, I do not need to show the same documentation ( marriage relationship), but do I need to file all the same paperwork and pay the fees twice? I am thinking yes, but would appreciate hearing back from others who have been down this path. Thanks.

First of all, she is going to remove ROC not her son. He will actually inherit the Permanent Residency through her & she will get it through you.

Here are the steps you should follow :

1- She is going to file just one I-751 & list her son on section 5, No paperwork for him,

2- Write just one check in the amount of $675 (Application fee $505+Bio fee for her $85 & Bio fee for him $85),

3- Now Biometrics rule is, If he is under 14, No biometrics needed but if he is 14 and older, he has to go with her mom together.

In any case, you still have to pay $85 for him whether he goes for Bio or not (This does not make sense to me, it is like highway robbery)

She has to file ROC in 90-day window before her Conditional GC expires (USCIS does not take her son's Conditional GC expiration date into account anyway).

Don't forget to send the photocopy of his GC along with yours.

Good luck !.... please keep us posted..

[Gary and Alla 3,694]

I am a few months away from filing for my wife's ROC. I understand the process. What I do not know is if I need to repeat the whole process for her son, a K2 to follow, who arrived several months after her. Obviously, I do not need to show the same documentation ( marriage relationship), but do I need to file all the same paperwork and pay the fees twice? I am thinking yes, but would appreciate hearing back from others who have been down this path. Thanks.

One I-751, ONE petition fee and TWO biometrics fees. His status is conditioned on hers and derivitive of hers. For example if you had been married two years when he arrived he would not even have to file for ROC and would have had a 10 year green card.

You need to show that you are married and living as a family and that he is her son (birth certificate) When we did this we also showed things such as the boys being on my helath insurance etc., more to show that Alla and I were living as a family. The only relationship you have to "prove" with the son is that he IS her son.

If your dependent K-2 visa holder received Permanent Residency Status at the same time or within 90 months of your wife, you can include her/him in the same application by listing him/her in section 5 of the application. You have to pay an additional fee for biometrics if the dependent is older than 14 years.

Archie

90 months? 7.5 years?

[bolin786 21]

One I-751, ONE petition fee and TWO biometrics fees. His status is conditioned on hers and derivitive of hers. For example if you had been married two years when he arrived he would not even have to file for ROC and would have had a 10 year green card.

You need to show that you are married and living as a family and that he is her son (birth certificate) When we did this we also showed things such as the boys being on my helath insurance etc., more to show that Alla and I were living as a family. The only relationship you have to "prove" with the son is that he IS her son.

90 months? 7.5 years?

Hi Guys. I am still confused about the subject. If you read my thread, I explained that when I read the USCIS instructions I find them confusing because in the first part it clearly states that if the K-2 entered within 90 days of the principal beneficiary then you can include them in the same I-751. However in the second sentence it states that if the dependent K-2 acquired Permanent Residence within 90 of the principal acquiring theirs, then it can be included in the same I-751. Now is it the entry date of the beneficiary and dependent K-2 or the date that the acquired their Permanent Residency Status. My daughter in law entered 4 months after my wife, however acquired here Permanent Residency within 90 of my wife's. Thanks