Does K-2 stepchild need to file I-130 (she's 12 years old)

[Bengalita 12]

Hello. Question about this scenario:

US Citizen woman brings fiance and his child to the USA, and they were granted K1 and K2 visas respectively. US Citizen woman marries fiance 2 weeks after he and child arrives.

At this point, the US Citizen wife will file I-485 on behalf of her husband with the approved I-129.

However, does US Citizen wife need to file a I-130 along with a separate I-485 for the 12 year old child? Or can she go ahead and file a separate I-485 for the stepchild, using the approve I-129 of her now-husband?

Please advise.

Thanks!

[NikLR 13,227]

I-130 isnt needed to either k1 or k2 if marriage occured within 90 days of arrival. But k2 child does need their own I-485

~~moved to AOS family based from k1 process and procedures~~

[KayDeeCee 4,893]

The K-2 needs their own I-485, I-765 and I-131. No I-130. Read through the I-485 instructions for K-1/K-2 applicants. The fees will depend on the age of the K-2, and if they file concurrently with the K-1 parent or not. See the fees under Special Instructions on the page you download the I-485 and instructions.

[Bengalita 12]

Hi. Thanks. Ok, see this is what happened.

US Citizen woman got the Fiance visa for her fiance (now husband) and his 12 year old girl. They arrived as K1 and K2 respectively. Wedding was 2 weeks later. Then AOS papers were filed 3 weeks later.

Just a few days ago USICS sent a request that the K2 child submit proof that they are eligible to adjust status. The letter mentioned to send one of these documents:

Approved I129F

I360

I130

So wouldn't the child need to send in a copy of the approved I129 with her father's name as the principle beneficiary? What happened is that they sent in only 1 copy of that with the AOS papers, since father and daughter's AOS papers were sent in together. But perhaps they should have made 2 copies... one for father and one for daughter.

And they didn't send in any I-131... because that's optional, right?

[NikLR 13,227]

You send a copy of the I-129F NOA2.

There should have been two copies of everything. One for the child's AOS and one for the parent's AOS.

I-131 is generally applied for because with the AOS it's free and you never know if some emergency will spring up which requires travel outside of the USA.

[Bengalita 12]

You send a copy of the I-129F NOA2.

There should have been two copies of everything. One for the child's AOS and one for the parent's AOS.

I-131 is generally applied for because with the AOS it's free and you never know if some emergency will spring up which requires travel outside of the USA.

Hi. Ok, thanks. I think it's clear what happened. They just sent in one copy of the I-129F approval, and they should have sent in 2. So they should make another copy of the I-129F approval and send it in for the 12-year-old daughter's file.

As far as the I-131 is concerned, they didn't want to.

Many thanks!

[me55592 1]

They are just looking for the K1 (I-797c). Two should have been sent in like stated above. One for the spouse and one for the child.