K2 AOS Form I-864

[jrdwynnpdrn01 0]

Good day!

My current status is that I have followed my father (K1 married) to U.S. after 6 months — but he did not file his AOS yet. We are doing it together now. 

 

My question is, should we have a separate Form I-864? What tips should we also consider about our case? Thank you. 

 

[Mike E 11,739]

6 minutes ago, jrdwynnpdrn01 said:

Good day!

My current status is that I have followed my father (K1 married) to U.S. after 6 months — but he did not file his AOS yet. We are doing it together now. 

 

My question is, should we have a separate Form I-864? What tips should we also consider about our case? Thank you. 

 

 says:

 

I-864 - Affidavit of Support: K-2's don't require their own separate I-864 with supporting documents (tax returns, etc). Make sure they are listed in section 9 of the K-1's I-864, and provide a photocopy of the K-1's I-864 with the K2's paperwork. You don't need to include copies of the supporting documents with the K-2's paperwork. You won't get an RFE if you do happen to provide a separate I-864 with supporting docs for the K-2. It's just not required.

[JeanneAdil 6,498]

u need to file ASAP as u r out of status without the receipt for the AOS

[jrdwynnpdrn01 0]

17 minutes ago, JeanneAdil said:

u need to file ASAP as u r out of status without the receipt for the AOS

oh no. should we file form 130 then?

[powerpuff 6,697]

1 hour ago, jrdwynnpdrn01 said:

oh no. should we file form 130 then?

I-130 does not grant you authorized stay, I-485 does.

[jrdwynnpdrn01 0]

48 minutes ago, powerpuff said:

I-130 does not grant you authorized stay, I-485 does.

i already read that if the marriage occur within 90 days no need for I-130 when applying for AOS, even if the K1 visa expires.

[powerpuff 6,697]

Just now, jrdwynnpdrn01 said:

i already read that if the marriage occur within 90 days no need for I-130 when applying for AOS, even if the K1 visa expires.

That’s correct. 
 

But if 90 days passed, you’re now out of status. You need to file I-485 asap