AOS with Child still overseas

[RickJustice 2]

I'm currently filing for AOS for my K-1 spouse. We will be bringing her daughter to the US within the 1 year time limit but have yet started on the daughters visa process. My question is, since I'm already filing for my wife's AOS, do I include her daughter in it, or do I have to do a separate AOS for her daughter once she's here? Also if I do include her daughter in the AOS, will the fee still be the $1070 or will it be double that?

Thanks in advance.

[Pitaya 2,576]

Here is some info on the AOS fee schedule, it is age dependent: http://www.uscis.gov/i-485

The K2 AOS tips Guide has some useful info: http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

Check out the pinned thread at the top of this forum page: http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

Edited May 5, 2015 by Pitaya

[RickJustice 2]

Thank you ^^

[phd1974 17]

No, you do not include her daughter. she will need to file one separately when she arrives in the U.S. The fee will only be for your wife. Then a separate fee for your step-daughter. Pitaya posted a link where you can see the fees based on the child's age.

[phd1974 17]

Also, I do not know when your 1 year time period is up, but I hope you filed immediately after you married. The AOS process takes some time and it could easily go past the 1 year time period, whereas then you would need to file an I130 - petition to bring over a family member - alien relative. Just FYI.

[RickJustice 2]

Quick question: She entered as K-1 Fiance and had her medical overseas with vaccinations and everything was ok. Do I have to submit her vaccination report, or is that already with uscis since she submitted the sealed envelop upon arrival in the US. It's still under 1 year of her arrival.

[llindsay 21]

I'm currently filing for AOS for my K-1 spouse. We will be bringing her daughter to the US within the 1 year time limit but have yet started on the daughters visa process. My question is, since I'm already filing for my wife's AOS, do I include her daughter in it, or do I have to do a separate AOS for her daughter once she's here? Also if I do include her daughter in the AOS, will the fee still be the $1070 or will it be double that?

Thanks in advance.

Im currently in your position right now except for the fact that I been filed a AOS for my wife. The follow to join is what we are doing right now. Your 1 year is based on when your wife was issued her visa. Its not based on AOS or when she entered the usa. Look in her passport and on her visa it will tell you when her visa was "issued". That is the date you use for the 1 year follow to join.

As far as including your your step daughter on the AOS is only if your filing her within 6 months of filing your wife otherwise you have to do a separate form.

My wife was used her visa 6-13-14 so she has until that date of year 2015 to get her son a visa. When I filed the k-1 visa I put her son as a follow to join and you should have also. If you did it correctly when you go to this site https://ceac.state.gov/ceacstattracker/status.aspx and put in your visa case number you should see two cases. One should say already "issued" and the other should say "ready". The one that says "ready" is your stepdaughter. Meaning a visa is ready and you can pay the visa fee and setup a interview date, then medical. You still need to do a ds-160 form to submit and a affidavit of support form and taxes from 2014. That's it and you get ready for interview. My wife is back in manila right now as I type this getting her son medical done. Kids get priority for the medical which is great. She has interview in 2 weeks. Not sure the age of your stepdaughter but she will need not to attend the cfo but she has to be registered and get her sticker after her visa is picked up.

If you have anymore questions pm me and ill be happy to answer them...Im just a little ahead of what your going to be doing soon so ill be happy to help cause we did the follow to join.

[llindsay 21]

I'm currently filing for AOS for my K-1 spouse. We will be bringing her daughter to the US within the 1 year time limit but have yet started on the daughters visa process. My question is, since I'm already filing for my wife's AOS, do I include her daughter in it, or do I have to do a separate AOS for her daughter once she's here? Also if I do include her daughter in the AOS, will the fee still be the $1070 or will it be double that?

Thanks in advance.

UPDATE: I just wanted to let you know that my wife's son who is 6 yrs old got approved without a problem. Very easy process she tells me and the great thing is that the kids have priority and they want to get them in and out asap. All they ask for my wife was a update affidavit of support and 2014 taxes. I also sent her a certified copy of our marriage certificate and they took that as well. They ask her son about 5 basic questions just to make sure the child knows whats going on and if they are excited about the change. They do ask the child if they know the father/stepfather if you are not present there. Her interview time was 7:30am and she was done by 8:45am. Hope this helps..