K-2 Visa as a child, now applying over 21 for green card

[Boiler 45,486]

The program I am aware of has a 21 age limit.

[Family 3,988]

I have experience with overcoming late filing ( over 21) I-360 for /as child if delay in filing related to abuse. Attached link is dated…was easiest available as I am deep in Depp Fairfax testimony,lol

https://www.uscis.gov/sites/default/files/document/memos/VAWA-SP-Child-Attains-Age-21-PM-comment-06-xx-10-v3.pdf

 

[Villanelle 4,122]

40 minutes ago, Family said:

 

But OP posted on a different thread and has obtained legal advice ( along with his own reading/ research) that convinces him he can apply for I-485  ( K-2) without his mom ( K-1) and that stepfather will sign his I-864…. 
He is reluctant to and has not answered WHY mom won’t apply for I-485 or even why he would want her to stay without status. I can only guess that mom has some sort of inadmissibility ( criminal) and he may feel shy, especially given VJ Vigilante Moral Squad that always fires up when inadmissibility issues arise. 

 

I didn't see a mention in the list of the NOA for the 129f.  That is the #1 key document needed to establish a basis for adjustment. As to the OPs question about will any of this trigger removal- if a 485 is filed and denied yes it technically should be forwarded to the courts. 

 

But reading this story I am reminded of a story posted about 10 years ago which if this is case I should really consider starting up a psychic hotline (lol) but basically it was a post from a USC trying to petition for a love (and I believe her child) BUT he had strong views of the government and privacy and 100% refused to provide things like his tax returns and income/SSN/bank statements for the 864. He found the whole 864 unacceptable for a variety of paranoid reasons and no one here was able to talk some sense into him. 

 

It was explained to him that bringing her on the K and refusing to sign the 864 would put her in an awful spot. I can only hope this is not the continuation of that story..

 

It's concerning that the OP here is saying things like minimal involvement and signatures. Gives me the impression he might be considering forging the signatures or otherwise obtaining such under false premises. It would explain why AOS would only be for him and not mom. I mean mom would have to appear for an interview most likely... 

 

I would encourage the OP to message @Family privately about the specifics if they are uncomfortable posting it publicly. I am concerned perhaps they didn't tell the attorney the whole truth of the situation because no attorney would support them obtaining signatures improperly or forging them. But the bottom line is if you don't give the full story you won't get the correct help you need. 

[Redro 4,611]

7 minutes ago, Family said:

I have experience with overcoming late filing ( over 21) I-360 for /as child if delay in filing related to abuse. Attached link is dated…was easiest available as I am deep in Depp Fairfax testimony,lol

https://www.uscis.gov/sites/default/files/document/memos/VAWA-SP-Child-Attains-Age-21-PM-comment-06-xx-10-v3.pdf

 

Start an OFF TOPIC for this Depp situation.

@Family I love reading your posts and am all for OFF TOPIC banter... 

You always bring the goods! Thanks for the link!!!!!! 

Edited May 23, 2022 by ROK2USA

[Boiler 45,486]

54 minutes ago, Villanelle said:

I didn't see a mention in the list of the NOA for the 129f.  That is the #1 key document needed to establish a basis for adjustment. As to the OPs question about will any of this trigger removal- if a 485 is filed and denied yes it technically should be forwarded to the courts. 

 

But reading this story I am reminded of a story posted about 10 years ago which if this is case I should really consider starting up a psychic hotline (lol) but basically it was a post from a USC trying to petition for a love (and I believe her child) BUT he had strong views of the government and privacy and 100% refused to provide things like his tax returns and income/SSN/bank statements for the 864. He found the whole 864 unacceptable for a variety of paranoid reasons and no one here was able to talk some sense into him. 

 

It was explained to him that bringing her on the K and refusing to sign the 864 would put her in an awful spot. I can only hope this is not the continuation of that story..

 

It's concerning that the OP here is saying things like minimal involvement and signatures. Gives me the impression he might be considering forging the signatures or otherwise obtaining such under false premises. It would explain why AOS would only be for him and not mom. I mean mom would have to appear for an interview most likely... 

 

I would encourage the OP to message @Family privately about the specifics if they are uncomfortable posting it publicly. I am concerned perhaps they didn't tell the attorney the whole truth of the situation because no attorney would support them obtaining signatures improperly or forging them. But the bottom line is if you don't give the full story you won't get the correct help you need. 

I remember that one, was it so long ago.

 

That would be quite a complicated forgery with the support documents and likely interview 

[TennisSoccer 9]

Thank you all for the information, a friend posted on my behalf, but working through information listed here. There is no criminal record for my mother, just difficulty to deal with, but are hopeful that she will be helpful in getting documents together, signing paperwork, etc.

From the initial post, the goals have changed to reflect the above, we are going to be submitting an adjustment of status for us both with these documents being prepared so far:

I-131
I-485
I-693
I-765

And an I-864 for us both together. I have specific questions that I haven't been able to answer that maybe someone could direct me to free/pro-bono resources, like:

On the I-485 part 1, item 16, I have a social security card that is marked as "Not Valid for Employment" should I mark that I need a new one, or can that be left as no?
On the I-485, part 2, item 5.a, denotes, "If you are a derivative applicant, a child under 21 years of age of a principal applicant, provide information for a principal applicant below." How does this change as I am now above the age of 21? Is Matter of Le relevant in this situation?

I have a list of maybe 10-15 questions similar to the above that I would ideally like to sit down with someone and get clear answers, put all the documents and required supporting papers (copy of step-dad passport, tax returns, marriage certificate, number of passport photos, etc.) in order, before approaching my mom/step-dad to get these from them as well as sign all of the papers.

Any suggestions for free/pro-bono resources that I can meet with over the internet would be ideal.

Thanks again for the help so far!

[Family 3,988]

I have no referrals for you that are pro bono other than the list published by EOIR …but they usually take on types of cases they have funding for ( vawas..SIJS..etc)…but you may find some low bono / low cost resources like Clinic..will let you Google and work that list. 
 

Some DIY answers , however, am happy to list and you will get plenty of support from others for anything I miss:

1. List your social security number as is and ask for new card

2. Yes you are derivative…and go to last page ( blank ) fill in part, page , item and DO either quote relevant part or just write , I am over 21 and qualify as per  Matter of Le , SEE attached and print out case and send in

 

Welcome back 

[Family 3,988]

19 minutes ago, TennisSoccer said:

Any suggestions for free/pro-bono resources that I can meet with over the internet would be ideal.

https://www.justice.gov/eoir/list-pro-bono-legal-service-providers

[Family 3,988]

You can also try contacting  any/ all Law Schools , they usually have students get hands on by working on immigration cases …https://law.ucdavis.edu/news/immigration-clinic-students-win-victory-ninth-circuit

And many DACA focused , young grassroots activist non profits always run pro bono public events w attorneys present , look on Facebook. 
 

What country are you from? 
 

 

[TennisSoccer 9]

Thank you for the additional info, that is certainly something to look for and I will start doing so. From the Philippines.

 

Here is a list of questions:

1. I currently don't live at the same address as my mom/step-dad, is there any issues with putting different address, for affidavit of support, etc.?
2. Does my birth certificate from the Philippines need to be translate into English?
3. Just to alleviate my fears, what are the chances I get sent back to the Philippines if I get rejected, even though I have only ever known the US?
4. I will follow-up with the list of documents that we have put together as a checklist for all of the required documents I listed in a previous post, but is there a single list that has all of the required documents, which documents I need duplicates of, etc.? I have seen that I need 4 copies of passport style photos, but only 2 are required for each document, so I know duplicates are required in some places.
5. G-1145 to get e-updates, is this worth doing? Is this the same as creating a USCIS account to track information?
6. Filling out the I-131, it seems this isn't required but we may as well fill it out. From this step-by-step guide, it seems that leaving sections 4, 5, and 6 blank are okay. Part 7 for advanced parole, it seems like the other documents that we will submit together are enough evidence to warrant it being issued?
7. Dumb question, but am I able to type out information and print other information, like the combination of the two isn't an issue?
8. I-485 part 1, item 25a. "I was inspected at a port of entry and admitted as…" is there a list of correct ways to fill this out, or is simply writing "K-1/Fiancé" for my mom and "K-2 derivative" for me good?
9. I-485 part 1, item 27 "What is your current immigration status, if it has changed since arrival?" is this "Overstay" or should I not list anything as my status has not officially changed?
10. I-485 part 4, 9.a "Parent 2 information" Not even sure if my real dad is on my birth certificate, waiting for mom to send copy, should he be listed here? I have no contact with him at all.
11. I-485 part 14 Additional Information, is the correct way to use this, refer to the start of the question? So if I was adding more information about my siblings born in the USA to my mom's document, I would write "Page 8, part 6, item number 2.a" and list the same information as that section, like below? Or do I need to refer to each item number specifically and so Family Name would be in 2.a, but Given name would be in a separate box marked with 2.b?
    
    Family Name: Smith
    Given Name: Jane
    Middle Name: X
    A-number: etc....
     
12. I-485 part 8, what organizations need to be included? High-school organizations, or is this just referring to larger groups like political, etc.?
13. I-485 part 8 item 17, "Have you ever violated the terms or conditions of your nonimmigrant status?" Should I mark yes, and add supporting explanation that I am an overstay?
14. I-765 most documents list at the top, if the answer is blank to fill in with N/A or none, but this one doesn't say that, should we fill out blank answers with N/A or none?
15. I-765 part 2, item 27, the eligibility category from the "Who may file form I-765" (page 15, middle of page) seems to say that we should use (c)(9) as this is going to be submitted with our pending application?
16. I-864 part 3, item 2, "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant (do not include any relative listed on a separate visa petition)" The documents we are submitting is a separate visa for me, correct? Or am I misunderstanding and they are all submitted at once so this is the correct option to pick, and list myself as family member 1 with my mother being the principal immigrant?

 

Sorry for the long list of questions, but figure that someone can help answer or direct me elsewhere to get answers. Thanks again for the help so far!

[Adventine 3,196]

Others will chime in with answers to your other questions , but for #2 and #10, your Philippine birth certificate will be in English already. And yes, if your biological father is listed, you need to identify him on the forms.

 

As you mentioned you want to get the documents together with minimal involvement from your mother, you can order your birth certificate here and have it shipped directly to the States: https://www.psaserbilis.com.ph/#!

 

Good luck with filing your package. What an awful situation your mom and stepdad put you in.

[Family 3,988]

On 5/23/2022 at 6:56 PM, TennisSoccer said:

Sorry for the long list of questions, but figure that someone can help answer or direct me elsewhere to get answers. Thanks again for the help so far!

I was hoping you would get a great deal of help, especially from those who were very active at your initial post. Forgive my own delay , here a few answers to your awesome questions:

1. No problem w having different addresses from your stepfather ( I-864) or mom ( K-1) 

2. no translation for b/c that is issued w  English fields  or in English 

3. Hopefully you look at that fear as your driving force and motivation ( it got YOU here , ready to tackle what the adult stepfather should have handled a lifetime ago). As long as you follow through with the process, you get to fight your case.

4. Organize your packet as follows : ONLY one set up supporting documents is required, but make sure you keep an EXACT copy of everything as submitted. ( ****you and mom need a complete separate packet , seal each in its own envelope first, then place both into another priority mail envelope and write “ Family of TWO DO NOT SEPARATE “ on front of envelope.

Cover Letter/ Exhibits Page that lists EVERY PIECE of document included , use bullet points or numbers with a short description of the item . 

Forms 

Supporting documents ( B/C, visa and passport entry page , moms marriage certificate, stepfather’s proof of USC…

Call and find out process to get your school records  ( elementary/ high school , not for grades but it show both mom and stepfather listed as custodians . usually your HS already has the elementary records so you only need to contact the HS) . This just goes to substantiate the reasons for delayed filing, especially important because your stepfather has knowingly failed to help you and mom obtain timely status . 
5. Yes do both so you stay on top. Help mom create account as well and tell her you will help with any issues that may come up as well ( RFE’s…)

6. I-131 is optional but , worth filing for since there is no separate fee. I was initially fearful in my earlier post that USCIS is applying Matter of Z-R-Z-C across the board and even treating DACA the same as TPS …but at least one CA Field District just approved I-485  ( filed March 2022, interview and approved April , 2022) with a DACA I-131 entry made in Jan, 2022 . ***So YES do the I-131 ****and use it ! 
 

7. All questions are good. Yes you can do both type and handwritten entries to any forms .

8. K-1 and K-2 is fine 

9. pending status for mom “ I-485  pending/ IR spouse of USC “ for you “ I-485 pending IR/ child of USC”

( a child or stepchild is treated the same for immigration purposes) 

10. If your biological father is listed on your birth certificate, include his name and for everything else asked about him write “ UNK” unknown 

If biological father is not on birth certificate, write “ Not listed/ None” and “ UNK for everything else 

11. Use one box to respond , don’t create separate  fields / item numbers , just write for example : part x , page y, item z : ( if mom had 2 kids that need to be added: 

Jane Doe , dob xxx, pob: USA 

Joe Doe, dob , xxx, pob: USA 

12. Write : NONE ( Even if you belonged to Mensa or the Masons , it’s an intrusive question)

13. Yes, you GOT this ! Bravo. You are doing well.

14. Put N/A on every blank on questions that do not apply to you, but put NONE on first field and N/A and additional fields. Example: Other names : first field NONE , rest N/A

15. Yes (C)(9) is correct for both of you 

16. I-864 . Stop for a moment and review my previous post. IF mom can show a Social Security Statement ( stepfather’s name that shows him working/ earning 40 credits during the last 10 years) she uses an I-864 W and comes in FULLY VESTED …you have not responded to that question so 

Assuming mom can’t do I-864 W , the there is ONLY ONE I-864 that needs to be done by your stepfather , for your mom and it will list YOU has the additional family member, exactly as you posted ( part 3, item 2). The original I-864 goes in mom’s packet, a copy of the I-864 in your packet . 
 

 

Again, sorry for the delay, I was suspended from accessing VJ. ..Try to post shorter questions so you can get lots of feed and stay active on VJ , I am sure you will be able to help many as well….

 

 

[TennisSoccer 9]

10 hours ago, Family said:

I was hoping you would get a great deal of help, especially from those who were very active at your initial post. Forgive my own delay , here a few answers to your awesome questions:

1. No problem w having different addresses from your stepfather ( I-864) or mom ( K-1) 

2. no translation for b/c that is issued w  English fields  or in English 

3. Hopefully you look at that fear as your driving force and motivation ( it got YOU here , ready to tackle what the adult stepfather should have handled a lifetime ago). As long as you follow through with the process, you get to fight your case.

4. Organize your packet as follows : ONLY one set up supporting documents is required, but make sure you keep an EXACT copy of everything as submitted. ( ****you and mom need a complete separate packet , seal each in its own envelope first, then place both into another priority mail envelope and write “ Family of TWO DO NOT SEPARATE “ on front of envelope.

Cover Letter/ Exhibits Page that lists EVERY PIECE of document included , use bullet points or numbers with a short description of the item . 

Forms 

Supporting documents ( B/C, visa and passport entry page , moms marriage certificate, stepfather’s proof of USC…

Call and find out process to get your school records  ( elementary/ high school , not for grades but it show both mom and stepfather listed as custodians . usually your HS already has the elementary records so you only need to contact the HS) . This just goes to substantiate the reasons for delayed filing, especially important because your stepfather has knowingly failed to help you and mom obtain timely status . 
5. Yes do both so you stay on top. Help mom create account as well and tell her you will help with any issues that may come up as well ( RFE’s…)

6. I-131 is optional but , worth filing for since there is no separate fee. I was initially fearful in my earlier post that USCIS is applying Matter of Z-R-Z-C across the board and even treating DACA the same as TPS …but at least one CA Field District just approved I-485  ( filed March 2022, interview and approved April , 2022) with a DACA I-131 entry made in Jan, 2022 . ***So YES do the I-131 ****and use it ! 
 

7. All questions are good. Yes you can do both type and handwritten entries to any forms .

8. K-1 and K-2 is fine 

9. pending status for mom “ I-485  pending/ IR spouse of USC “ for you “ I-485 pending IR/ child of USC”

( a child or stepchild is treated the same for immigration purposes) 

10. If your biological father is listed on your birth certificate, include his name and for everything else asked about him write “ UNK” unknown 

If biological father is not on birth certificate, write “ Not listed/ None” and “ UNK for everything else 

11. Use one box to respond , don’t create separate  fields / item numbers , just write for example : part x , page y, item z : ( if mom had 2 kids that need to be added: 

Jane Doe , dob xxx, pob: USA 

Joe Doe, dob , xxx, pob: USA 

12. Write : NONE ( Even if you belonged to Mensa or the Masons , it’s an intrusive question)

13. Yes, you GOT this ! Bravo. You are doing well.

14. Put N/A on every blank on questions that do not apply to you, but put NONE on first field and N/A and additional fields. Example: Other names : first field NONE , rest N/A

15. Yes (C)(9) is correct for both of you 

16. I-864 . Stop for a moment and review my previous post. IF mom can show a Social Security Statement ( stepfather’s name that shows him working/ earning 40 credits during the last 10 years) she uses an I-864 W and comes in FULLY VESTED …you have not responded to that question so 

Assuming mom can’t do I-864 W , the there is ONLY ONE I-864 that needs to be done by your stepfather , for your mom and it will list YOU has the additional family member, exactly as you posted ( part 3, item 2). The original I-864 goes in mom’s packet, a copy of the I-864 in your packet . 
 

 

Again, sorry for the delay, I was suspended from accessing VJ. ..Try to post shorter questions so you can get lots of feed and stay active on VJ , I am sure you will be able to help many as well….

 

 

Thank you for the response, going to go through each one. I had hoped for more response with the many comments previously, but working through it non VJ, but having difficulty finding free/pro-bono resources. Slowly making progress, and your response will be helpful. Thanks again!

[Family 3,988]

@TennisSoccer did you manage to send in the I-485 for you and mom? 

[TennisSoccer 9]

On 8/3/2022 at 5:11 PM, Family said:

@TennisSoccer did you manage to send in the I-485 for you and mom? 

Following up on this thread a few months later. I had my biometrics appointment Dec 2022, and after waiting a number of months I received my EAD, and now have my green card interview scheduled. Initially, It was scheduled for Aug 2023, but got a cancellation notice and then a follow-up scheduling for Sep 2023 (shortly after making this post). Putting together all the required documents now and wanted to post an update thanking VisaJourney and the members for all the help. Hopefully, I will have another good update to post in a few days of confirmation after the interview that my green card will be approved!