Process for Child who arrived after his mother.

[GYnot 8]

My son came to the US after his mother.  He was listed on her I-485.  So he doesn't have a case number for the I-485 as she does.  He entered we applied for a I-765 and  I-131 for him and have since received the authorization card for him.  His mother has her Green Card.  He's 9 years old. Will he be required to go to an interview?  Should we be expecting notification about his interview?  On June 1st I got a notification that an action had occurred on her I-485 case, but the tracking number was listed as unavailable, and has remained the same since that date.  The email suggested a document change. I'm just not sure what to expect. A date for his interview, or a green card for him based on his mother's green card. Anyone have any idea how this works? 

 

 

Tony

[Ksenia_O 696]

29 minutes ago, GYnot said:

My son came to the US after his mother.  He was listed on her I-485.  So he doesn't have a case number for the I-485 as she does.  He entered we applied for a I-765 and  I-131 for him and have since received the authorization card for him.  His mother has her Green Card.  He's 9 years old. Will he be required to go to an interview?  Should we be expecting notification about his interview?  On June 1st I got a notification that an action had occurred on her I-485 case, but the tracking number was listed as unavailable, and has remained the same since that date.  The email suggested a document change. I'm just not sure what to expect. A date for his interview, or a green card for him based on his mother's green card. Anyone have any idea how this works? 

 

 

Tony

 

If the boy came on K-2 visa, then you should have filed I-485 for him as well -  the fact he has been mentioned on his mother's I-485 doesn't mean he applied for AOS...  And from what you've posted above it seems like you have filed just for I-765 & I-131. If this is correct, you have to file I-485 for your boy, as soon as you can.. He is a "derivative" applicant and to get a green card he goes through the same exact process as his mom..

 

Edited June 25, 2018 by Ksenia_O

[geowrian 22,337]

As noted above, a separate I-485 must be filed for the child. Since it was not filed at the same time as the K-1 beneficiary, he will need to pay the full/regular fee (not the lower fee for a child filing at the same time as a parent).

 

An interview may or may not be requested, based on his age and circumstances.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html