Resubmitting then1-485 for my K2 stepson (merged threads)

[julieana71 2]

PLEASE HELP!!!!

hello everyone... I petitioned my stepson on a k2 visa, he arrived with his father who is now my husband on Nov 18. My stepson is only 3 years and is not adjusting at all and really misses his mother. We have not sent in his AOS due to the concern he would not adjust and would be going back with his mother. Now that we have decided to send him back, what forms do we need? His Visa expired in Feb 2016, but his Passport is valid till May 2016. Can he still travel even tho we have not adjusted his status?

[Transborderwife 4,666]

Sure. Take him home. Nobody's stopping him from leaving the country.

[AlcL 0]

Yes.... He has a valid passport so he still can travel, just wait when he gets a little older and send for him when the child is able to understand.

[julieana71 2]

thank you so much, I was nervous that he would not be able to travel because his Visa expired on Feb 2015, we were going to submit the AOS but being that he doesn't wan to stay we will send him back to his mom until he is old enough to start school and adjust to living in the United States.

[AlcL 0]

Exactly... No worries

[KayDeeCee 4,893]

So being that he's only 6yrs old and is a good idea to file for the EAD AND AP would we need to pay for both?

It was stated 3 times in this thread already that there is no fee, they are free when filed with a pending I-485. It states it on the page where you download the I-485, and in the instructions for the I-765 and I-131 as well.

[AlcL 0]

Thanks again for this information it just that so much money was previously invested and now having to re-apply sucks. I feel better now