AOS of K2 to follow.

[0NI 114]

Good day everybody.

 

I would like to ask about the Adjustment of Status of a K2 to follow beneficiary.

 

The scenario is this, the K1 went to the US and got married. Filed for AOS, while waiting the K2 arrived in the States after 8 months. The K2 is in the process of filing the AOS and one of the requirements is the Form I-864 (Affidavit of Support). Does the Petitioner need to fill-up a new Form I-864 or they can use the form used by the K1?

 

I read somewhere in this thread that you only need a copy of Form I-864 (Affidavit of Support) of the K1 when you file the AOS of the K2. Is this right?

 

Thanks.

Edited August 15, 2019 by 0NI

[Hank_ 9,174]

Did you list the K-2 child on the original I-864 you filed for you wife?   If yes - then send a copy.  If no -  file new I-864

 

 

 

https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf

 

https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf

[0NI 114]

29 minutes ago, Hank_ said:

Did you list the K-2 child on the original I-864 you filed for you wife?   If yes - then send a copy.  If no -  file new I-864

 

 

 

https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf

 

https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf

Is it this part of the form?
 

We havent filed it yet. I was doing research on K2 AOS to follow and I stumbled upon this situation.
 

Part 3. 4a of Form I-184

Edited August 15, 2019 by 0NI

[Hank_ 9,174]

43 minutes ago, 0NI said:

Is it this part of the form?
 

We havent filed it yet. I was doing research on K2 AOS to follow and I stumbled upon this situation.
 

Part 3. 4a of Form I-184

 

Ah, you haven't filed for your wife yet ... then include the I-485 & I-693 for the K-2 child with your wife's application.     

 

For the rest as I read it.

 

Because it has been over 6 months between when your wife immigrated and the K-2 child immigrated,  you would file separate I-864.    

 

For your wife's I-864 you would check YES for #1.     As for the K-2's I-864 you would check NO for #1 then check #3

[0NI 114]

On 8/15/2019 at 6:44 PM, Hank_ said:

 

Ah, you haven't filed for your wife yet ... then include the I-485 & I-693 for the K-2 child with your wife's application.     

 

For the rest as I read it.

 

Because it has been over 6 months between when your wife immigrated and the K-2 child immigrated,  you would file separate I-864.    

 

For your wife's I-864 you would check YES for #1.     As for the K-2's I-864 you would check NO for #1 then check #3

What does this mean Sir Hank?

 

The scenario is this:

 

Fiance moved to the States then filed for AOS. 8 months AFTER the K2 follows/moved to the US.

[Hank_ 9,174]

4 minutes ago, 0NI said:

What does this mean Sir Hank?

 

The scenario is this:

 

Fiance moved to the States then filed for AOS. 8 months AFTER the K2 follows/moved to the US.

Ah your wife did file AOS already, you posted earlier that you hadn't filed yet  .. then ignore the "include" part of my previous posting

 

Complete the process for the K2 providing the same completed forms along with required evidence (documents) as was done for your wife.

 

864 info still applies