K2 Children

[Helen Quail 28]

Hi I have two points to clarify, having looked through previous queries and the info.

 

I have completed the forms to say my four children will each travel now and not later.

1. Does my almost 18 year old have to enter the USA at the same time as us or can he join within the 6 months?

2. Does AOS have to be done within a set period for K2 children as well? ie at same time as me as the entering  parent

 Thanks so much for your assistance. This forum is an absolute jewel!

[NikLR 13,232]

He can either follow to join, that is has his interview later, or if interviewing at the same time as you, he should enter before his visa expires (generally 6m after the medical)

He does not have a set time to AOS and does not have to do it when you do.  He is too old to take advantage of same time AOS anyhow. I would still recommend sending his AOS asap after arrival so he can get his EAD faster. 

[Helen Quail 28]

6 minutes ago, NikLR said:

He can either follow to join, that is has his interview later, or if interviewing at the same time as you, he should enter before his visa expires (generally 6m after the medical)

He does not have a set time to AOS and does not have to do it when you do.  He is too old to take advantage of same time AOS anyhow. I would still recommend sending his AOS asap after arrival so he can get his EAD faster. 

Thanks so much...we are all booked in for interview this week.

So you are saying he COULD travel to join us as long as it's within 6 months of the medical ( which was March 23rd)?

And there is not a time limit for his AOS? Up to 21? But yes, I hear you as he wants and needs to to be able to work when there.

 

Would any of my children be able to travel ( eg back to UK) after entering on K2 and before applying for AOS? I know once AOS is in we can apply for that. How does it work if I have not applied for them? One son is very keen to come back to Scotland soon...Could he then return to USA and we could do AOS?

 

What is the age criteria for "same time" AOS? My next son is 15, 16 in September.

Thanks

Edited April 9, 2018 by Helen Quail

[Roel 7,193]

No. Both you and your kids have to remain the in the US until you either finish your AOS and receive green cards or travel permit that you can include in the petition. The waiting time for travel permit is currently about 4 months from filling AOS. If either of you leave without AOS completed then it will be considered abandoned and you will not be able to return to the US. Until you pretty much start family sponsoring from the start. 

 

How long your son is planning on remaining outside of the US? Travel permit is usually meant for short travels and once he gets a green card he needs to establish life in the US. 

 

There is no deadline for filling AOS but of course the sooner the better if you want to be able to work. Once your i94 expires you and your kids would be considered deportable if you don't file AOS though. Currently waiting time for this process is +12 months. 

Edited April 9, 2018 by Roel

[Helen Quail 28]

1 hour ago, Roel said:

No. Both you and your kids have to remain the in the US until you either finish your AOS and receive green cards or travel permit that you can include in the petition. The waiting time for travel permit is currently about 4 months from filling AOS. If either of you leave without AOS completed then it will be considered abandoned and you will not be able to return to the US. Until you pretty much start family sponsoring from the start. 

 

How long your son is planning on remaining outside of the US? Travel permit is usually meant for short travels and once he gets a green card he needs to establish life in the US. 

 

There is no deadline for filling AOS but of course the sooner the better if you want to be able to work. Once your i94 expires you and your kids would be considered deportable if you don't file AOS though. Currently waiting time for this process is +12 months. 

Thanks Roel. So kids cannot travel out of USA unless we file for their AOS and permission to travel ( otherwise application considered abandoned)

Just trying to navigate the differing feelings of a couple of teenagers...

 

There is a deadline for me to file AOS though right? The i 94 is only valid 90 days?

But not for my children on a K2?

 

Are you saying wait time for AOS is now 12+ months? Last I saw it was 5-6.

 

Thanks

[Roel 7,193]

USCIS processing times for AOS are from 7 to 29 months right now.

 

And there is no deadline. It's advisable to file before your I94 expire but you don't have to do this in that time.

 

And kids or you can't travel until you have combo card or green card in hand. Not just when you file AoS.

Edited April 9, 2018 by Roel

[Helen Quail 28]

10 minutes ago, Roel said:

USCIS processing times for AOS are from 7 to 29 months right now.

 

And there is no deadline. It's advisable to file before your I94 expire but you don't have to do this in that time.

 

And kids or you can't travel until you have combo card or green card in hand. Not just when you file AoS.

 

Yikes...ok thanks so much for the update and info. 

Yes I understand we have to get permission to travel.

 

Ok lot to factor in - thanks!

[NikLR 13,232]

Advance parole and ead (AP aka travel document and employment authorization) is currently taking 4-6 months so plan on at least that much time of no travel or work. 

[Helen Quail 28]

10 minutes ago, NikLR said:

Advance parole and ead (AP aka travel document and employment authorization) is currently taking 4-6 months so plan on at least that much time of no travel or work. 

Good to know thank you. Guess it's all taking longer....we've been almost a year to interview.

 

Thanks

[Helen Quail 28]

On 09/04/2018 at 12:48 PM, NikLR said:

He can either follow to join, that is has his interview later, or if interviewing at the same time as you, he should enter before his visa expires (generally 6m after the medical)

He does not have a set time to AOS and does not have to do it when you do.  He is too old to take advantage of same time AOS anyhow. I would still recommend sending his AOS asap after arrival so he can get his EAD faster. 

I have been told elsewhere I can apply for my children concurrently. You are saying there is an age limit for that? If so, what is that?  And do I then have to wait until my AOS is approved? Doesn't make sense to me ( but hey a lot of this doesnt! )

[NikLR 13,232]

17 hours ago, Helen Quail said:

I have been told elsewhere I can apply for my children concurrently. You are saying there is an age limit for that? If so, what is that?  And do I then have to wait until my AOS is approved? Doesn't make sense to me ( but hey a lot of this doesnt! )

You can always apply for children to AOS concurrently on a k2 but he is over 14 so you dont have any savings money wise.  Have you read the I-485 webpage on the USCiS website fully? Because of his age, it doesn't matter when he adjusts his status as long as he arrives before his visa expires or applies to follow to join within 1 year of you obtaining your visa. 

[Helen Quail 28]

6 hours ago, NikLR said:

You can always apply for children to AOS concurrently on a k2 but he is over 14 so you dont have any savings money wise.  Have you read the I-485 webpage on the USCiS website fully? Because of his age, it doesn't matter when he adjusts his status as long as he arrives before his visa expires or applies to follow to join within 1 year of you obtaining your visa. 

Hi yes..I have....

I was told that info on this forum, guess its incorrect. 

They already have their visas so "apply to follow" is redundant

[NikLR 13,232]