K2 and I-94

[JerseyDomRep 4]

Does anyone know information on failure to AOS before the I94 expires for children who will be entering with K1 parent and have to attend school. Basically will child have problems attending grammar school if the k1 parent has not filed AOS for both parent and child within the 90 marriage time. I have read and have been told that as long as the the k1 beneficiary marries the petitioner the AOS does not have to be filed right away and wanted to know how this would effect the k2 beneficiary. Wanted to know just for information purposes or worst case scenario. Thanks in advance.

[perez525 8]

6.1)...How soon after we get married should we apply for Adjustment of Status? A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

6.1.1)....When we file for adjustment of status, what do we need to do about the child's K2 status? Are we required to file the adjustment for him too and pay the fees for each application?

A..You will file an application for Adjustment of Status for the child as well. Prepare the application the same way (as a separate pile of paper), but mail them together. Also send a separate I-765 application for work authorization if the child is old enough to seek employment. You will pay fees for each application.

In regards to your first question, here in Philadelphia, a child can be enrolled in school (public), with passport, birth certificate, vaccine records, proof of address (ex. letter from social security office that shows you've applied for SSN) etc. The K2 beneficiary doesn't need to have a green card to be enrolled in school.

[JerseyDomRep 4]

6.1)...How soon after we get married should we apply for Adjustment of Status? A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires. On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

6.1.1)....When we file for adjustment of status, what do we need to do about the child's K2 status? Are we required to file the adjustment for him too and pay the fees for each application?

A..You will file an application for Adjustment of Status for the child as well. Prepare the application the same way (as a separate pile of paper), but mail them together. Also send a separate I-765 application for work authorization if the child is old enough to seek employment. You will pay fees for each application.

In regards to your first question, here in Philadelphia, a child can be enrolled in school (public), with passport, birth certificate, vaccine records, proof of address (ex. letter from social security office that shows you've applied for SSN) etc. The K2 beneficiary doesn't need to have a green card to be enrolled in school.

Thanks for the info. Sanchez

[perez525 8]

siempre my love!! thats what I'm here for

[perez525 8]

PS. I found some extra information. A bank account statement can also be used as address verification for the K2 to be enrolled school.

5.8)...How can my fiance(e) or K2 child open a bank account or file income tax returns without a Social Security number?

A..You can apply for an Individual Taxpayer Identification Number (ITIN) from the Internal Revenue Service using IRS form W-7. "Any individual who is not eligible to obtain an SSN and whose taxpayer identification number is required to be furnished to the IRS must apply for an ITIN on form W-7" (information taken from the instructions to form W-7). You can apply in person or by mail. You may use either the original or certified copy of passport, drivers license, birth certificate, identity card, or US Immigration documents when applying. Like the SSN, the ITIN is a 9-digit number.

Many K2 children will be too young to obtain a work authorization document (EAD) which is required for them to obtain a Social Security Number. You can get them an ITIN which they can use instead, for school purposes, opening up a bank account, or for being listed on an income tax return.

back