Calling all K-2 AOSers - past and present

[SunDrop 59]

There aren't a lot of K-2 AOS filers around, and this makes the available information scant and spread out. There are so many different ways of phrasing K-2 related questions and you can't search for K-2 specifically, because 'K-2' is only 3 letters long! lol

I've been threatening a K-2 thread for a while now, and was reminded to get it started after reading a very helpful post relating to K-2 filing fees here.

So if you have filed, or have questions about filing AOS paperwork for your K-2, please post and contribute. I will do the same as I did with the UK Between NOA2 and Interview thread, namely edit post #2 in this thread into a cumulative resource, until it's juicy enough to be transferred into the wiki.

[SunDrop 59]

The Application Process

Fees: Despite I-485 fees going up on November 23rd, the fee for K-2 adjustment, when filed at the same time as the K-1 principle applicant, is now $635. It also includes the EAD (I-765) and AP (I-131) applications.

Where the K-2 is a follow-to-join (*see below) or if the AOS application is filed separately from the K-1, the full $985 is payable. If the K-2 AOS adjustee is 14 or older, a biometric fee of $85 is payable.

NB: Your under 14 year old K-2 adjustee will also receive a biometrics letter and they are required to attend for photographing only. However, there have been reports of children as young as 5 having full biometrics taken. In early 2011, my then 11 year old had photo, signature and thumb prints taken. We are shortly due to return to complete our biometrics for ROC, so I will verify changes in policy with them then.

When sending payment, you can either write one check for each application or one check for them both. The benefit of writing just the one check is that if for any reason the K-2 AOS paperwork is not accepted and therefore returned, the full adjustment fee of $985 becomes payable. However, if the paperwork is not accepted and the check is for both applications, both applications will be returned and the correction to the K-2 application can be made and resubmitted for the same $600 fee.

Forms

I-485 Adjustment of Status

Each K-2 applicant will need their own form and supporting documentation. When compiling ours, I assumed that the 2 applications could be split from one another, especially as we no longer share the same surname. I included the following documentation:

to follow

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.

I-765 - Employment Authorization Document This is one of the two documents that the SSA will request if you want to apply for a SSN for your K-2 adjustee. Under 14s may also apply for one, if you wish to ensure that you can get a SSN for your child before their GC is approved.

I-131 - Advanced Parole Works in exactly the same way as the principle applicant's AP.

Older K-2 adjustees

The current policy of USCIS is that a K2 must have entered the US before their 21st birthday in order to secure their eligibility to adjust status. It's no longer necessary for a K2's adjustment of status to be approved before their 21st birthday. This is the result of a BIA decision issued in June of last year.

BIA decision document

Follow To Join

A qualifying child has a window of one year after the K1 visa is issued to obtain a K2 visa at a US consulate. If they don't obtain a K2 visa within that time then they are no longer eligible for a K2 visa. However, they may be eligible for an immediate relative or family based visa based on their relationship to the US citizen or the K1 parent.

If the US citizen and K1 marry before the child turns 18 then the US citizen can petition for the child. If the child is not married and under 21 years old then the US citizen can petition for an IR2 visa. If the child is not married and 21 or over then the US citizen can petition for an FB1 visa. If the child is married then the US citizen can petition for an FB3 visa.

If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. If the child is under 21 then the K1/LPR can petition for an FB2A visa. If the child is 21 or over then the K1/LPR can petition for an FB2B visa.

K-2's Status and Rights Post-Adjustment

A K-2's status is entirely dependent on the -1's status. If the K-1 doesn't marry the US citizen petitioner then neither the K-1 nor the K-2 can adjust status. If the K-1's AOS is denied then the K-2's AOS is automatically denied. K-2's are conditional residents for the first two years, just like K-1's. K-2's need to apply for removal of conditions just like K-1's. If a K-1's removal of conditions is denied then the K-2's is denied, as well.

There are some exceptions to the above. A K-2 can't apply for US citizenship after three years, while a K-1 who remains married to the US citizen can. A K-2 has to wait five years, just like most other LPR's.

Once a K-2 successfully removes conditions then their status is no longer dependent on the K-1 parent's status.

Edited February 22, 2013 by SunDrop

[JimVaPhuong 4,863]

I'll add a few.

Affidavit of Support: K2'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 K1's I-864, and provide a photocopy of the K1's I-864 with the K2's paperwork. You don't need to include copies of the supporting documents with the K2's paperwork. You won't get an RFE if you do happen to provide a separate I-864 with supporting docs for the K2. It's just not required.

Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. The Child Status Protection Act protects them from "aging out" as long as their AOS petition is accepted by USCIS before their 21st birthday. However, the CSPA only applies to K2's if the K1 marries the US citizen petitioner before the K2 turns 18. If the marriage occurs after the K2 is 18 then their AOS must be approved before the K2 turns 21.

This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out.

Derivative Status: A K2's status is entirely dependent on the K1's status. If the K1 doesn't marry the US citizen petitioner then neither the K1 nor the K2 can adjust status. If the K1's AOS is denied then the K2's AOS is automatically denied. K2's are conditional residents for the first two years, just like K1's. K2's need to apply for removal of conditions just like K1's. If a K1's removal of conditions is denied then the K2's is denied, as well.

There are some exceptions to the above. A K2 can't apply for US citizenship after three years, while a K1 who remains married to the US citizen can. A K2 has to wait five years, just like most other LPR's.

Once a K2 successfully removes conditions then their status is no longer dependent on the K1 parent's status.

Follow to Join: A qualifying child has a window of one year after the K1 visa is issued to obtain a K2 visa at a US consulate. If they don't obtain a K2 visa within that time then they are no longer eligible for a K2 visa. However, they may be eligible for an immediate relative or family based visa based on their relationship to the US citizen or the K1 parent.

If the US citizen and K1 marry before the child turns 18 then the US citizen can petition for the child. If the child is not married and under 21 years old then the US citizen can petition for an IR2 visa. If the child is not married and 21 or over then the US citizen can petition for an FB1 visa. If the child is married then the US citizen can petition for an FB3 visa.

If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. If the child is under 21 then the K1/LPR can petition for an FB2A visa. If the child is 21 or over then the K1/LPR can petition for an FB2B visa.

Biological children of a US citizen are not eligible: If the child is the biological child of a US citizen then they are not eligible for any type of visa to the US, nor are they eligible to obtain a green card, even if the child's US citizen parent is NOT the same US citizen who petitioned for the K1. The biological child of a US citizen has a claim to US citizenship, and must obtain a US passport rather than a visa to come to the US. A Consular Report of Birth Abroad (CRBA) must be filed with a US consulate to obtain a US passport for the child. The child's status will not be dependent in any way on the status of the K1 parent. They don't have to adjust status or remove conditions.

[Nadiia and Eric 1]

Lets remember if the K-2 Visa for the child 15 years or more pay the same as the K-1 $985 for AOS and $85 for Biometrics for a total of $1070. It seems not to many people have to deal with over 14, so this should help those people.

[Ricky+Vanessa 43]

Nothing useful to add at the moment just wanted to commend SunDrop on this thread.

I also learned something new thanks to Jim - didn't know that the K-2 couldn't apply for citizenship for five years....

When sending my AOS packs I copied the full I-864 form and evidence and put that with my daughter's.

If I think of anything i will come back.....

[SunDrop 59]

Lets remember if the K-2 Visa for the child 15 years or more pay the same as the K-1 $985 for AOS and $85 for Biometrics for a total of $1070. It seems not to many people have to deal with over 14, so this should help those people.

That's interesting.. why? I get the biometrics, but can you please find a link to the USCIS fees section that states 15+ years pay full, even if adjusting with the principal applicant?

Thank you

[SunDrop 59]

Nothing useful to add at the moment just wanted to commend SunDrop on this thread.

Thank you!

I only learnt about the biometrics appointment for under 14s necessary for the photo only when I received Kayt's appointment letter and went to ask them if it was correct.

I'll add a few.

That's fabulous, thank you!

[Nadiia and Eric 1]

That's interesting.. why? I get the biometrics, but can you please find a link to the USCIS fees section that states 15+ years pay full, even if adjusting with the principal applicant?

Thank you

I have never learned how to setup a link but I can still do it this way copy & paste it is from the new fee schedual from USCIS Website

I-485 Application to Register Permanent Residence or Adjust Status $985 BIO $85

If filing for adjustment and over 79 years of age. $985 NO BIO Fee

If under the age of 14 years and –

Filing with the I-485 application of at least one parent. $635 No BIO Fee

NOT filing with the I-485 application of at least one parent. $985 No Bio

I have a feeling you will know how to post the site, like I said just don't know how maybe you can email me how to do that.

I went a little overboard sending the applications I used one extra large envelope with 2 seperate envelopes inside for my wife (I will get in trouble for giving her age ) and stepson (17 years) and inside each envelope I put seperate checks each for $1010 both were cashed so I figure I did it right , I understand I probably did more then I should but I figure better to give to much then not enough.

[Nadiia and Eric 1]

SunDrop

Just wanted to tell you thank you for starting this thread, I was always having questions trying to figure the K-2 part of this journey for 15 and older. I would see a few topics on younger children, but never really saw anything for older youths as far as cost for their filing fee's. As each step of this journey goes for my stepson I will keep you all up to date.

[SunDrop 59]

I have never learned how to setup a link but I can still do it this way copy & paste it is from the new fee schedual from USCIS Website

I-485 Application to Register Permanent Residence or Adjust Status $985 BIO $85

If filing for adjustment and over 79 years of age. $985 NO BIO Fee

If under the age of 14 years and –

Filing with the I-485 application of at least one parent. $635 No BIO Fee

NOT filing with the I-485 application of at least one parent. $985 No Bio

I have a feeling you will know how to post the site, like I said just don't know how maybe you can email me how to do that.

I went a little overboard sending the applications I used one extra large envelope with 2 seperate envelopes inside for my wife (I will get in trouble for giving her age ) and stepson (17 years) and inside each envelope I put seperate checks each for $1010 both were cashed so I figure I did it right , I understand I probably did more then I should but I figure better to give to much then not enough.

That's great, thanks! I hadn't been able to find what the under 14 with parent fees had changed to, so assumed (always fatal!) that it was still $600. And I mailed it on November 22nd, and I used 2 separate checks. Any later and it not only would have come back for under-paid, but that mistake would have cost me another $385, since my check would have gone through...

I'm about to go to bed (it's 3am here! lol) but I'll PM you with how to post a link. It's very easy, once you know how

[Nadiia and Eric 1]

Looking through some other post and a reminder to myself when it ask for A# K-2 I would say most will not have a A# I left it blank on all forms that needed it on my stepson, when I received his I-797's I then found his A# had been assigned. I have also seen others say to use mother's A#, but the way I did it was fine no RFE so far. Lets hope it stays that way.

[SunDrop 59]

Looking through some other post and a reminder to myself when it ask for A# K-2 I would say most will not have a A# I left it blank on all forms that needed it on my stepson, when I received his I-797's I then found his A# had been assigned. I have also seen others say to use mother's A#, but the way I did it was fine no RFE so far. Lets hope it stays that way.

Yeah, I noticed that. With the initial filing, they have no A# but are assigned them with the NOA1s. So for any forms that we'll fill from here on out, I'll use her A# from that. But since that'll be ROC in a couple years, I'd imagine everyone's GCs have their A# on them?

[REINITA♥REY 8]

Love, love, love, love, love, love this thread! Thanks so much for starting Sundrop! As always, any info from JimVaPhuong is awesome too! My fiances 9 yr old son will be obtaining a K-2 to follow. I'm sure I will be back with questions when the time comes.

[Nadiia and Eric 1]

Well had no RFE's for stepsons I-765, he was approved in 72 days through the Kansas City, MO Office, just have to wait for the document says 30 days so lets see if it will be sooner.

I know what I sent in for his application was to much, but since no RFE's I did something right here's my list for him:

Form I-765 EAD

2 passport photo's, we did passport photo's a week or so before application was sent

Copy of Passport Biographic pages K-2 Visa and I-94 front and back.

Copy of I-797 approving K-1 visa for mother.

Copy of Marriage license for for parents.

The last 2 items was not on list to submit but like I said better a little more then not enough.

K-1 Visa:

I-129F Sent 2009/09/10

I-129F NOA1 Recv’d 09/15/2009

I-129F NOA2 Recv’d 12/30/2009

NVC Recv’d 01/07/2010

NVC Left 01/12/2010

Consulate Recv’d 01/20/2010

Packet 3 Recv’d 01/29/201

Packet 2 Recv’d 02/01/2010

Interview 02/252010 Visa Approved

Visa Recv’d 03/01/2010

US Entry 08/06/2010

Married 09/02/2010

AOS:

Submitted I-485, I-765, I-131 for wife and stepson 10/25/2010

Recv’d Chicago Lockbox Recv’d 10/28/2010

Recv’d all 3 I-797 Recv’d 11/05/2010 w/MSC Number all 3 came from Lee’s Summit, MO

Recv’d I-797 for Biometric Appt Recv’d 11/08/2010

Biometric’s completed 11/22/2010

Recv’d I-797 for Interview date on 02/10/2011 at Kansas City, MO

EAD approve for wife and stepson 01/05/2011

[REINITA♥REY 8]

Hello All,

Looking for advice. I think I know the best route but I wanted to see what others think or have done.

My fiances son will be obtaining a K-2 to follow. We are hoping my fiance will have the K1 next month (Peru consulate interview is about 1 month from NOA2 date). We would like to bring my fiances son here in July and so he can start school in August. We are thinking it would be best this way so my fiance has some time to adjust, find work, etc.

My question is about when to have the K2 issued. Initially I wanted to have the K1/K2 issued together, but I believe the K2 will expire in 6 months. I really wanted to avoid going for the medical twice and the embassy twice and waiting on the visa to be issued twice and not being able to schedule plane tix until the last minute twice. We would like to use the K2 within the six months, but if my fiance does not have travel papers, we will be waiting on that to visit Peru again..... unless we can arrange for a family member to escort the boy here ( he will be 9 yrs old then).

It seems like I need to wait to have the K2 issued and follow procedures

Thanks for any advice!