Can I add my husbands son as a derivative applicant on I-485 even though he hasn't joined us yet here in the states?

[Mimicherie 142]

6 hours ago, Cathi said:

Does the child have authorization from his mother to leave the country permanently to live in the U.S?

Mother is not in the child’s life, he lives with his grandparents, but yes we’re all set.

[Mimicherie 142]

6 hours ago, Pitaya said:

Good question. one that has yet to be discussed.

With current AOS processing taking around 300 days, you may run out of time if you want to complete the K1 AOS first before starting the follow to join process for the K2. There is a one year limit from the K1 issuance to do the K2 follow to join. You are cutting it too close for the K1 AOS and the K2 follow to join each process have many variables that could disrupt your proposed timing. For example, if during the K1 AOS process you received any RFE or other delay, you could find yourself close to or beyond the K2 one year follow to join limit.

 

REF: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#16

 

You will want to do EAD for the K2, as others have mentioned, in order for the K2 to get their SSN. Otherwise, the K2 will have to wait until they have a GC to file for a SSN. 

 

For both the K1 and K2, file AOS/EAD/AP concurrently, as others have mentioned.

 

 

Yes, as soon as I send off AOS which is this week, we will be moving forward with the K2 process in order for us to have enough time for visa to be issued before the year time limit is over. I know his AOS won’t be complete anytime soon.
 

question: so you’re saying I should fill out an EAD for the K2 beneficiary as well? Even though he’s 8 & not here yet? I was already filing all these forms for my husband but you’re saying to also do one for my stepson? Please clarify, thank you.

[HRQX 4,145]

8 hours ago, HRQX said:

By filing them separate it's just $390 more: https://www.uscis.gov/i-485

Note the following VJ user's experience:

Seems USCIS isn't always consistent.

32 minutes ago, gsdc23 said:

Even though he’s 8 & not here yet?

Not yet. After he enters with the K-2 you submit I-765 and I-131 for free with the child's I-485. With an approved EAD for the child he'll be eligible for a SSN. Otherwise, he'll have to wait until the green card is approved. SSN for the child could make filing taxes, etc. easier.

[Pitaya 2,577]

3 hours ago, gsdc23 said:

Yes, as soon as I send off AOS which is this week, we will be moving forward with the K2 process in order for us to have enough time for visa to be issued before the year time limit is over. I know his AOS won’t be complete anytime soon.
 

question: so you’re saying I should fill out an EAD for the K2 beneficiary as well? Even though he’s 8 & not here yet? I was already filing all these forms for my husband but you’re saying to also do one for my stepson? Please clarify, thank you.

Quote

You will want to do EAD for the K2, as others have mentioned, in order for the K2 to get their SSN. Otherwise, the K2 will have to wait until they have a GC to file for a SSN. 

 

For both the K1 and K2, file AOS/EAD/AP concurrently, as others have mentioned.

I previously clarified the reason for doing the K2 EAD,  ^^^ here it is again. He may need to have his SSN for school registration, health insurance purposes, etc.

[Mimicherie 142]

Okay, I’ve reread everything and I know I have to wait to file I-485 after our son arrives in K2. 
 

But just to be sure, since I feel like I’m still a little confused, I should not be filing anything for our son as of right now, correct? Once he arrives on the K2 I can then file i485, I-765, & I-131.

I should only send anything pertaining to AOS for my husband only, right? 
 

I apologize in advance if my questions seem repetitive, I rather ask and be clear then name a mistake or make this process longer for us. 
 

Thank you. 

[Ayrton 965]

36 minutes ago, gsdc23 said:

Okay, I’ve reread everything and I know I have to wait to file I-485 after our son arrives in K2. 
 

But just to be sure, since I feel like I’m still a little confused, I should not be filing anything for our son as of right now, correct? Once he arrives on the K2 I can then file i485, I-765, & I-131.

I should only send anything pertaining to AOS for my husband only, right? 
 

I apologize in advance if my questions seem repetitive, I rather ask and be clear then name a mistake or make this process longer for us. 
 

Thank you. 

They can only Adjust someone's status if they have a status. 

 

Your son is outside the US, so he doesn't have any status yet. So you can't file anything for him.

[aaron2020 11,651]

1 hour ago, gsdc23 said:

Okay, I’ve reread everything and I know I have to wait to file I-485 after our son arrives in K2. 
 

But just to be sure, since I feel like I’m still a little confused, I should not be filing anything for our son as of right now, correct? Once he arrives on the K2 I can then file i485, I-765, & I-131.

I should only send anything pertaining to AOS for my husband only, right? 
 

I apologize in advance if my questions seem repetitive, I rather ask and be clear then name a mistake or make this process longer for us. 
 

Thank you. 

You are filing AOS only for your husband.  

 

You CAN NOT FILE ANYTHING for his son since his son isn't in the US, doesn't have a K-2 visa, and has no basis to adjust status.  You will file AOS for him separately AFTER he comes to the US on the K-2 visa.