i485 question

[JAZZie 0]

Hi,

This forum was really helpful for filling the forms, thank you all.

I am filling AOS for myself and my daughter. We have two different petitions for her and me at the same time. In part B, it says list your present spouse and all your children, i couldn't figure out if i should write "appliying with you" YES or NO ?? She's appliying at the same time but in a different petition? I'm so confused.

Thanks in advance for all your advises.

[Pitaya 2,577]

If she will be applying for AOS at the same time as you (assuming K-2 for her) then the answer would be YES.

A word of advice, fill out each form completely for each person before starting the form for another person, it is easy to get confused if you are filling out several forms for different people at the same time.

When you get a chance, It helps everyone that uses the forum. Additionally, it enables other folks to quickly understand where you are in the visa process.

Good luck.

Edited September 15, 2013 by A&B

[KayDeeCee 4,896]

I do not believe they are asking about a K-2, since a K-2 does not have a separate petition filed for them.

What visa are you adjusting status from?

[Pitaya 2,577]

I do not believe they are asking about a K-2, since a K-2 does not have a separate petition filed for them.

What visa are you adjusting status from?

Each AOS applicant, K-1 or K-2, needs their own I-485, I-131, I-765, medical forms, and other documentation, refer to the K-2 AOS tips for details:

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

The I-864 is handled a little differently, refer to above links for those particulars.

We followed the information in the above links, and that is how last year we were able to successfully navigate the AOS process for my wife (K-1) and stepson (K-2), with no issues, or RFEs.

I assumed and provided information for K-1/K-2 AOS, but asked for timeline completion at the end of my message, due to lack of necessary timeline information.

Good luck, YMMV,

Edited September 15, 2013 by A&B

[KayDeeCee 4,896]

Each AOS applicant, K-1 or K-2, needs their own I-485, I-131, I-765, medical forms, and other documentation, refer to the K-2 AOS tips for details:

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

The I-864 is handled a little differently, refer to above links for those particulars.

We followed the information in the above links, and that is how last year we were able to successfully navigate the AOS process for my wife (K-1) and stepson (K-2), with no issues, or RFEs.

I assumed and provided information for K-1/K-2 AOS, but asked for timeline completion at the end of my message, due to lack of necessary timeline information.

Good luck, YMMV,

Yes, I know they need all the separate forms that are required for AOS. I was speaking of the petition. The OP specifically stated they have 2 separate petitions for them. With a K-2, there is no separate petition, as only the I-129F petition for the K-1 is needed. The K-2 is a derivative of that. If it was a case of filing for AOS while already in the US on some other visa type, then the USC would need to file an I-130 petition for the spouse and a separate I-130 petition for the stepchild. The OP's wording is what made me think perhaps it is not a K-2 derivative situation, though I believe they would check Yes to applying at the same time anyway since they are. I just wanted to make it clear what visa they are adjusting from and what petitions were filed on their behalf.

Edited September 16, 2013 by Jay-Kay

[JAZZie 0]

Hi,

thank you all for the answers.

we have been married for 5 years. I and my daughter are in US with tourist visa.

we are going to file i-130 and i-485 with other necessary forms both for me and for her.

should I write YES to applying with you question in my i485 ?

thanks again.

[Pitaya 2,577]

Ah yes, Jay-Kay was right-on. I was incorrectly assuming that the child was on a K-2 derivative visa, not attempting to do AOS from a tourist visa. What was the child's immigration intent when applying for the tourist visa?

~Moved from Family-based AOS to WST-based AOS forum~

Edited September 16, 2013 by A&B

[KayDeeCee 4,896]

Hi,

thank you all for the answers.

we have been married for 5 years. I and my daughter are in US with tourist visa.

we are going to file i-130 and i-485 with other necessary forms both for me and for her.

should I write YES to applying with you question in my i485 ?

thanks again.

Since you mail all the forms for you and your child together at once, I would think yes, since she is applying with you.

[JAZZie 0]

Thanks for the advises.

Both of my and my daughter's tourist visas were issued long before we got married, and we have been married for 5 years but never intended to immigrate, that's why we never applied for immigration before. But now circumstances has changed, we have to do it. I read all instructions, and look at the samples but sometimes it's really confusing, everybody has a different case

[Harpa Timsah 13,258]

Yes, she is applying with you.