Jump to content
gursha

K2 follow to join advice for I-485, AP, and I-864

4 posts in this topic

Recommended Posts

My husband entered the US on December 20, 2014 on a K-1 visa. We were married March 16, 2015 and are completing the AOS I-485 Package. I listed my husband's 5 year old son on my 1-129F; he will be a follow-to-join K2. Our intended plan is for my husband to return to Ethiopia in May and bring his son back to the US before June 9 when his son's medical forms will expire (the US Embassy in Addis said the medical was valid for 6 months). His son is with the grandparents in a rural location, so travel within Ethiopia will take a long time.

  • We have listed the child in Part 3B of I-485
  • I have listed the child in Part 3 question 2 of I-864 as the form states "I am sponsoring the following family members immigrating at the same time or within 6 months of the principal immigrant named in part 2"
  • We will file the AP form to request permission for my husband to return to Ethiopia in May for his son

Please help us with the following questions:

1. The instructions of the I-485 state "if the child is residing abroad, the person adjusting status should file a Form I-824. together with the Principal's Form I-485" Should we file a Form I-824 for a K2 follow to join based on a K-1 petition? If so, do we check "c" in Part 2 "Reason for the Request"? How do we complete Part 3 which asks for the form number, receipt, approval date etc. when we are supposed to file these at the same time?

2. I have read several entries on this forum that suggest AP processing takes approximately 90 days, which would run past the June 9 deadline for the validity of the medical exam. Is there anyway to speed up this process? We do not want to subject my husband's son to another medical exam as it was terrifying for his son the first time.

3. Am I correct in listing the child on the I-864? Are the 6 months calculated from date of entry to the US? If the AP takes 90 days, we may exceed the 6 months.

Thank you so much in advance.

Share this post


Link to post
Share on other sites

Thank you, but I would like to clarify that we are preparing the AOS for my husband not his son. The instructions of the I-485 state "if the child is residing abroad, the person adjusting status should file a Form I-824. together with the Principal's Form I-485" Should we file a Form I-824 for a K2 follow to join based on a K-1 petition?

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×