K-2 RFE on AOS

[Tyler Durham 1]

Hello

I have looked around and found a few subjects close to my issue but none seem resolved. Here is the closest example of our problem::

 

My wife entered the USA Nov. 11th

We married December 14th (notary at bottom of cert)

We filled for  wife's AOS Jan 10th

Recieved K-2 for step-son April 18th

Step-son entered USA May 10th

Filled his AOS Aug 9th

We correctly entered the US, married, adjusted my wifes status within 90 days and filled for his k-2 within all there time limits. But we received this RFE For my step-sons I-485 AOS.

 

Any help would be awesome  Again 

[mushroomspore 3,044]

I don't know much about K2. But the RFE section suggests that to me that perhaps they got mixed up and think the K2 AoS is a K1 AoS???

[Villanelle 4,122]

What did you send with his petition?

 

 

You really want to file the k1 and k2 together. Sometimes thats not possible. If you send it separately you have to send evidence that your parent’s (k1) 485 application is pending with USCIS  or the K1 mom got permanent residence based on a K-1 visa.

 

She doesnt have her GC yet- so you need the k1 noa in sons packet. (along with the other required items)

[Tyler Durham 1]

We followed these instructions per USCIS website:

Whats also weird is we received the bio-metrics appointment after this RFE. 

Is this a mistake on there end? I looked over the I-485 we submitted for my step son and everything says K-2 and that he is the derivative of a K-1. 

How does her AOS Prove anything about the time we married Vs When she entered the US.

Is there a contact number to find out EXACTLY what they want. Because i'm so confused I want to send everything to them from the beginning so they have no excuses to RFE me again . 

 

-Form I-485, Application to Register Permanent Residence or Adjust Status;

-Copy of documentation showing your relationship to the K-1 nonimmigrant parent, such as a birth certificate or adoption decree;

-Copy of the Form I-797, Approval Notice, for the Form I-129F filed on your behalf;

-Copy of the Form I-797, Approval or Receipt Notice, for the K-1 nonimmigrant parent’s Form I-485 or a copy of the K-1 nonimmigrant parent’s Green Card, if applicable;

-Copy of the K-1 nonimmigrant parent’s marriage certificate;

-Two passport-style photographs;

-Copy of your government-issued identity document with photograph;

-Copy of your birth certificate;

-Copy of your passport page with your nonimmigrant visa;

-Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer);

-Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from CBP website at www.cbp.gov/I94;

 

Form I-864, Affidavit of Support Under Section 213A of the INA or Form I-864EZ, Affidavit of Support Under Section 213A of the Act or Form I-864W, Intending Immigrant’s Affidavit of Support Exemption (whichever applies);

Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, for example, by mail when we request it or in person at your interview, if any);

Edited August 28, 2018 by Tyler Durham

[Villanelle 4,122]

, Part 2. Application Type or Filing Category, Item Numbers 1.a. - 1.g. did you check the right box?

 

theres no one to call. USCIS does not give legal advice. If you call the 800 or go to infopass they will just read the RFE word for word over and over. They wont explain it or help you assemble stuff.

 

If you submitted everything you listed and the form is filled out correctly it could just be an error. You can reply with all the  required docs again and a letter of explanation that you are eligible OR you can send the letter of withdrawl and then wait a bit and file again.

[Tyler Durham 1]