Adjustment of status for spouses child

[Crabbypatty 12]

Hey, 

 

we are filing adjustment of status from esta for myself and my child  ( 3 years old). 
 

i couldn’t find much Information on how exactly to file for my child. Uscis page said we need to file form I-130 as well as I-485. does anyone have experience with filing for a child and are there checklist on which forms to file for children especially? Is it really just those two forms?
 

we will mail my application together with my child’s and separate them with a clear folder, that’s the info I got from here so far. 
 

Thanks in advance!

Edited April 13, 2023 by Crabbypatty

[Family 4,136]

File same forms for child as for you: I-130, I-485, I-765, I-131 , I-864 and do medicals ( I-693). There is no extra filing fee for the I-765/I-131 at this time and it is advantageous. You sign your name on all forms for child / applicant . Example Crabby Patti, mother

 

Use the same supporting documentation for both packets , make sure each packet has its own complete copy of documentation, then you keep a copy of each set as filed. 
 

You seal each packet in its own envelope, then place both envelopes in one flat rate  priority mail / medium box . On box write Attn Mailroom Supervisor: Family of Two DO NOT SEPARATE.

[Mike E 11,742]

50 minutes ago, Crabbypatty said:

are there checklist on which forms to file for children especially? Is it really just those two forms

 

[Boiler 45,898]

Presumably the father is ok with the child immigrating and you have the necessary permission 

[Crabbypatty 12]

4 hours ago, Family said:

File same forms for child as for you: I-130, I-485, I-765, I-131 , I-864 and do medicals ( I-693). There is no extra filing fee for the I-765/I-131 at this time and it is advantageous. You sign your name on all forms for child / applicant . Example Crabby Patti, mother

 

Use the same supporting documentation for both packets , make sure each packet has its own complete copy of documentation, then you keep a copy of each set as filed. 
 

You seal each packet in its own envelope, then place both envelopes in one flat rate  priority mail / medium box . On box write Attn Mailroom Supervisor: Family of Two DO NOT SEPARATE.

Thank you! Very helpful especially the info about how to exactly package the two different applications. Will definitely do that 

[Crabbypatty 12]

3 hours ago, Boiler said:

Presumably the father is ok with the child immigrating and you have the necessary permission 

3 hours ago, Mike E said:

 

Thank you!! Will go trough the guide and study it. 

[Crabbypatty 12]

On 4/13/2023 at 7:09 PM, Crabbypatty said:

Thank you! Very helpful especially the info about how to exactly package the two different applications. Will definitely do that 

Quick question: are you sure about form I-765 for my child? As it’s a work permit it doesn’t make sense, or am I missing anything? I-130a I don’t have to fill out for my child either, correct?  Thanks in advance! 

On 4/13/2023 at 2:47 PM, Family said:

File same forms for child as for you: I-130, I-485, I-765, I-131 , I-864 and do medicals ( I-693). There is no extra filing fee for the I-765/I-131 at this time and it is advantageous. You sign your name on all forms for child / applicant . Example Crabby Patti, mother

 

Use the same supporting documentation for both packets , make sure each packet has its own complete copy of documentation, then you keep a copy of each set as filed. 
 

You seal each packet in its own envelope, then place both envelopes in one flat rate  priority mail / medium box . On box write Attn Mailroom Supervisor: Family of Two DO NOT SEPARATE.

Quick question: are you sure about form I-765 for my child? As it’s a work permit it doesn’t make sense, or am I missing anything? I-130a I don’t have to fill out for my child either, correct?  Thanks in advance! 

[Family 4,136]

No I-130 A for the child. 
I-765 is not required but it can serve as a useful identification for status and obtaining a Social Security card in case AOS is delayed 

[Mike E 11,742]

6 hours ago, Crabbypatty said:

Quick question: are you sure about form I-765 for my child?

yes

Quote

As it’s a work permit it doesn’t make sense,

Where it makes sense for a child to work is situation specific (but when I turn on the TV I see kids working all the time) . An EAD is proof of authorized presence. EAD holders are able eligible to get SSNs. Dependents with SSNs can be claimed on their parents’ tax returns. People with SSNs have an easier time getting health insurance, opening bank accounts, being listed as beneficiaries of financial accounts, getting state ID and drivers licenses, etc. 

 

 

Quote

I-130a I don’t have to fill out for my child either, correct?  

Correct

[Crabbypatty 12]

3 hours ago, Mike E said:

yes

Where it makes sense for a child to work is situation specific (but when I turn on the TV I see kids working all the time) . An EAD is proof of authorized presence. EAD holders are able eligible to get SSNs. Dependents with SSNs can be claimed on their parents’ tax returns. People with SSNs have an easier time getting health insurance, opening bank accounts, being listed as beneficiaries of financial accounts, getting state ID and drivers licenses, etc. 

 

 

Correct

Ok that makes sense. So it’s more for getting the ssn so that my child can be on the tax returns etc. cause my child is only three I was just wondering but what you’re saying does make sense now, thank you for the information! 

3 hours ago, Family said:

No I-130 A for the child. 
I-765 is not required but it can serve as a useful identification for status and obtaining a Social Security card in case AOS is delayed 

Thank you! 

[Crabbypatty 12]

On 4/13/2023 at 3:38 PM, Boiler said:

Presumably the father is ok with the child immigrating and you have the necessary permission 

The father is not in the child’s life and I have sole custody. He’s not even on the birth certificate. How do I proof „necessary permission“ to uscis in that case? 

[Boiler 45,898]

That seems to vary according to the country concerned, for example Philippines I know is not a problem. The Mother has all the rights in this situation.