How can I get information on I894 for my step son

[Clark C 0]

I sent off my son's (K-2) AOS I-894 over a month ago and I have not heard anything nor has the check(fee) been cashed yet.  How can I find out the status of his case?

[payxibka 10,045]

4 minutes ago, Clark C said:

I sent off my son's (K-2) AOS I-894 over a month ago and I have not heard anything nor has the check(fee) been cashed yet.  How can I find out the status of his case?

What is an i894?

[wbeem 568]

Guessing it's a typo in the original post or an auto correct (?)  

If you submitted the wrong form it's probably sitting in a box somewhere and nobody knows what to do with it.  If you are filing for AOS you need a form I-485. 

[fip & jim 452]

You sent a separate check for the K2? Has the K1 check been processed? 

[fip & jim 452]

1 hour ago, payxibka said:

What is an i894?

Think it's a typo and was meant to be I-864 (Affidavit of Support)

[payxibka 10,045]

Just now, fip & jim said:

Think it's a typo and was meant to be I-864 (Affidavit of Support)

By itself?  There's no fee for this.   Typically filed in conjunction with say an i485

[fip & jim 452]

1 minute ago, payxibka said:

By itself?  There's no fee for this.   Typically filed in conjunction with say an i485

I don't know if OP only filed that, I was just saying it was probably a typo for the I-864.

 

If OP replied I was going to say that there is a disadvantage of paying separate checks (if that's what they did) :

 

"The benefit of writing just the one check is that if for any reason the K-2 AOS paperwork is not accepted and therefore returned, the full adjustment fee becomes payable. However, if the paperwork is not accepted and the check is for both applications, both applications will be returned and the correction to the K-2 application can be made and resubmitted for the same fee." (https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/)

 

If the K1 check has been processed then OP should get NOA1 soon and could call USCIS to ask about the K2. It's difficult to give advise with little detail being provided. 

[payxibka 10,045]

1 minute ago, fip & jim said:

I don't know if OP only filed that, I was just saying it was probably a typo for the I-864.

 

If OP replied I was going to say that there is a disadvantage of paying separate checks (if that's what they did) :

 

"The benefit of writing just the one check is that if for any reason the K-2 AOS paperwork is not accepted and therefore returned, the full adjustment fee becomes payable. However, if the paperwork is not accepted and the check is for both applications, both applications will be returned and the correction to the K-2 application can be made and resubmitted for the same fee." (https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/)

 

If the K1 check has been processed then OP should get NOA1 soon and could call USCIS to ask about the K2. It's difficult to give advise with little detail being provided. 

Exactly,  a k2 can be filed separately depending on circumstances.   OP needs to clarify 

[Clark C 0]

Oops, sorry I said I-894,  I meant I-864 

 

Someone included this information in their reply

 

" If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. If the child is under 21 then the K1/LPR can petition for an FB2A visa.."

 

I'm confused about this- Does this mean I have to wait until my spouse gets her green card before my 19 year old can  apply for AOS?  We were married after he turned 18 and he came four months after we married, so i thought  I just needed to file a I-864 for him,  but as i mentioned in my original question I don't understand why we haven't heard anything on his status for  a month.

[payxibka 10,045]

2 hours ago, Clark C said:

Oops, sorry I said I-894,  I meant I-864 

 

Someone included this information in their reply

 

" If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. If the child is under 21 then the K1/LPR can petition for an FB2A visa.."

 

I'm confused about this- Does this mean I have to wait until my spouse gets her green card before my 19 year old can  apply for AOS?  We were married after he turned 18 and he came four months after we married, so i thought  I just needed to file a I-864 for him,  but as i mentioned in my original question I don't understand why we haven't heard anything on his status for  a 

 Did you submit an i485?

 

Where did you send the i864 and what fee did you pay?  

Edited July 19, 2019 by payxibka

[Clark C 0]

Yes, I sent in a combination of applications with the I-864(I-765, I-131, I-485) I mailed it June26, 2019 and sent a check for $1225

 

 

 

[fip & jim 452]

On 7/18/2019 at 8:40 PM, Clark C said:

Oops, sorry I said I-894,  I meant I-864 

 

Someone included this information in their reply

 

" If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. If the child is under 21 then the K1/LPR can petition for an FB2A visa.."

 

I'm confused about this- Does this mean I have to wait until my spouse gets her green card before my 19 year old can  apply for AOS?  We were married after he turned 18 and he came four months after we married, so i thought  I just needed to file a I-864 for him,  but as i mentioned in my original question I don't understand why we haven't heard anything on his status for  a month.

From the guide here: https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/

 

That quote is taken out of context:

" If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. If the child is under 21 then the K1/LPR can petition for an FB2A visa.."

 

Here is the full quote from the guide:

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  A qualifying child has a window of one year after the K1 visa is issued to obtain a K2 visa at a US consulate. If they don't obtain a K2 visa within that time then they are no longer eligible for a K2 visa. However, they may be eligible for an immediate relative or family based visa based on their relationship to the US citizen or the K1 parent. 

  If the US citizen and K1 marry before the child turns 18 then the US citizen can petition for the child. If the child is not married and under 21 years old then the US citizen can petition for an IR2 visa. If the child is not married and 21 or over then the US citizen can petition for an FB1 visa. If the child is married then the US citizen can petition for an FB3 visa. 

   If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. the child is under 21 then the K1/LPR can petition for an FB2A visa. If the child is 21 or over then the K1/LPR can petition for an FB2B visa.

 

 

This is talking about children being petitioned if they are not included in the original K1 petition and are not K2 visa holders. In that case the K1 would need a green card before they can file for a FB2A visa for their over 18 and under 21 year old unmarried child.

 

 

If USCIS haven't cashed the check for your K2 son it means they aren't processing his case. That's the first thing they do after checking through the application to see it is all in order.  So to answer your original question - you can try calling USCIS to ask what is happening. Your son will still have the same A number as your wife (until USCIS assign him his own A number in his NOA1 for AOS). 

 

Edited July 21, 2019 by fip & jim

[fip & jim 452]

Did you follow the guides and get confirmation that USCIS received the package?

 

 

Attach "E-Notification" Form (Optional) 

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.
 

Where to File Everything:

Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS.