AOS for K1 and two K2 kids

[frontfoot 0]

Hi all,

I've spent all day gathering information on filing AOS for my financee K-1 Visa Holder (and of course now my wife in US).

I don't see a lot of information about K-2 kids who also come on the same Visa so I just wanted to share our journey here and perhaps some of you can help be prepare the AOS better.

My wife came to US with two kids from her previous marriage (12 year old and 7 year old) and they have K-2 visa.

1) Their Arrival in USA.

at the time of entry to US (03/18/08) they did not receive i-94. Their visas were stamped with entry stamp.

my fiancee got K-1 visa and A # number.

Kids got K-2 and A#UNKNOWN printed.

Each visa has a unique visa number (the one in red below their photo)

1) I-485. I have prepared 3 copies. One for K-1 and for each K-2 child.

2) I-864. I am making one and including K-2 children

- For my income I put the AGI from my recent tax year.

- W-2 copies and Tax copies for last 3 years. (for 2005 income I was below poverty level because I quite my job and moved to Germany to live there as a full time future husband + we made another baby. she is 2 now and a US Citizen already.)

- Part 3. Question 8 and 9 checked Yes. for A# and SSN# I put 'n/a' for both kids)

- For question 24(e) I did not enter anything. Should I? I have seen examples where you enter the immigrant's name here.

But we have 2 dependents as kids. ( I am not clear if I should complete 864A form because we have K-2 dependent kids... ???)

-

3) G-325A. I got a copy for each, my wife and two kids.

4) I-765. Just for my wife. I guess the kids will not need that yet since they are underage (below 14)

5) I-131. Prepared that my wife and each of the kids.

6) PHOTOS.

This is tricky. - 6 photos My wife: 2 for I131, 2 for I485, 2 for I765, 4 photos for each child.

7) Payment.

one check for $2210 ($1010 for my wife and $600 per child )

8) Cover Letter.

I have not seen any examples. Does anybody have any recent examples for K1 with K2 kids?

I guess I should have something like this example:

United States Citizenship and Immigration Service

To Whom It May Concern:

Please find the encolsed douments for WifeName, KidOneName, KidTwoName, Family Based Adjustment of Status Applications.

(then I list everything)

Sincerely.

bla bla bla

QUESTION: I am in Dallas, TX, should I still mail it to Chicago POBOX? I have seen some info on possibly sending it to Texas center but I don't want to complicate stuff. maybe Chicago is just fine.

I would appreciate any feedback. I will try to complete everything and mail it tomorrow.

[Michele and Luis 0]

Hi!

We are applying with K1 and K2, my husband and his son.

I basically did the same process as yourself.

I-485 2 copies

I-864 one original and including 1 copy for K-2 child

G-325A one for each

I-765 - I did originally create one for our son - but agree that he will not need that yet (13), however the Social Security office told me that our son couldn't get a SSN until we had the EAD - ??? Did you have any issues with getting SSNs?

I-131 one for each

Cover Letter - We just listed the second copy of everything that has an application for K2.

Our son did recieve an I94 card on arrival, there is nothing at all written about an A# for him - just his Dad's has the A#. He does have an EAD temporary stamp with no validation writing on it.

I haven't seen much discussion about K2 either - so it's nice to see your post and feedback.

Thanks!

Michele

[JaEnglishGirl 34]

I would apply for an EAD for each child, that way you can apply for an SSN, I didn't realise I should have applied for one for him.

Another thing, I am sure you've filed your taxes already, but make sure you file amended taxes with the kids listed on them as soon as they get their SSN's that way they will get the stimulus payment.

[Cécy 44]

Even if they are her kids, you have to consider each application as an individual one: get them their own copy for each document (I-864) etc. And makle separate checks. Get the appropriate check with each application. USCIS can be a bit stupid with that and consider you wrote down the wrong fee.

And yes you have to send it to the PO Box in Chicago (use USPS) unless you are in Dallas itself and go through DORA.

[frontfoot 0]

Hi!

We are applying with K1 and K2, my husband and his son.

I basically did the same process as yourself.

I-485 2 copies

I-864 one original and including 1 copy for K-2 child

G-325A one for each

I-765 - I did originally create one for our son - but agree that he will not need that yet (13), however the Social Security office told me that our son couldn't get a SSN until we had the EAD - ??? Did you have any issues with getting SSNs?

I-131 one for each

Cover Letter - We just listed the second copy of everything that has an application for K2.

Our son did recieve an I94 card on arrival, there is nothing at all written about an A# for him - just his Dad's has the A#. He does have an EAD temporary stamp with no validation writing on it.

I haven't seen much discussion about K2 either - so it's nice to see your post and feedback.

Thanks!

Michele

On May 2nd I recevied 7 notices. For each child there was a receipt for i.131 and i.485 - plus my fiancee had 3 notices. i.131, i.485, i.765

Now the frustrating part.

Yesterday we went to the Social Security Office in Dallas to file applications for my wife (fiancee K-1) and her two kids (K-2 visas) - and were denied because my wife has not received i-94 in her passport and they needed a 10 digit A# but the passport had only had 8 digit A#.

AND- on top of that they said that K-2 kids must have 'Employment Authorization' to receive SSN, which is totally strange because they are 12 and 7 years old. - So I had the same issue with EAD as you. They said my wife can nave SSN without EAD but not the kids. I was about to crack a joke about 'Child Labor' practices in US but I thought it may have been inappropriate.

SO. my next move for the kids SSN?

1. Do I have to fill out i765 for each child now and somehow send it in as an additional paperwork? that's one options.

2. The second option is to just try to get SSN for my wife and let the kids be without it.

3. The third option is to get taxpayer's number for the kids, has anyone tried that?

and our next move for SSN for my wife?

Go to Social Security office again and tell them the A# is 9 digits, we have found out that there is a '0' in front of here number which is not shown on the passport but it's shown on notices. the format is 'A0 + 8 digits' but here passport has 'A + 8 digits' but the SSN guy said she needs a 10 digit number which apparently is on i -94 which we don't have.

This is kind of frustrating.

I need to gather my thoughts and see what's next.

Thanks

[payxibka 10,044]

Now the frustrating part.

Yesterday we went to the Social Security Office in Dallas to file applications for my wife (fiancee K-1) and her two kids (K-2 visas) - and were denied because my wife has not received i-94 in her passport and they needed a 10 digit A# but the passport had only had 8 digit A#.

AND- on top of that they said that K-2 kids must have 'Employment Authorization' to receive SSN, which is totally strange because they are 12 and 7 years old. - So I had the same issue with EAD as you. They said my wife can nave SSN without EAD but not the kids. I was about to crack a joke about 'Child Labor' practices in US but I thought it may have been inappropriate.

SO. my next move for the kids SSN?

1. Do I have to fill out i765 for each child now and somehow send it in as an additional paperwork? that's one options.

2. The second option is to just try to get SSN for my wife and let the kids be without it.

3. The third option is to get taxpayer's number for the kids, has anyone tried that?

and our next move for SSN for my wife?

Go to Social Security office again and tell them the A# is 9 digits, we have found out that there is a '0' in front of here number which is not shown on the passport but it's shown on notices. the format is 'A0 + 8 digits' but here passport has 'A + 8 digits' but the SSN guy said she needs a 10 digit number which apparently is on i -94 which we don't have.

This is kind of frustrating.

I need to gather my thoughts and see what's next.

Thanks

1) Your kids are NOT work authorized so they are inelligible for a SSN until EAD or greencard. If you want EAD for them then I-765 for each will be needed.

2) Get the SSN for the K-1 and then get SSN for the kids later

3) Unless you need a ITIN for the kids right now I would wait and get the SSN later this year

4) I-94 should be stapled to her passport... I hope you did not send it in with the I-485

Edited May 7, 2008 by fwaguy

[frontfoot 0]

1) Your kids are NOT work authorized so they are inelligible for a SSN until EAD or greencard. If you want EAD for them then I-765 for each will be needed.

2) Get the SSN for the K-1 and then get SSN for the kids later

3) Unless you need a ITIN for the kids right now I would wait and get the SSN later this year

4) I-94 should be stapled to her passport... I hope you did not send it in with the I-485

Thanks for your input.

1. yes, we'll wait with ssn for the kids until greencard.

4. She has not get I-94 stapled upon arrival. We simply don't have I-94. I have no idea why but she was let into the country without it.

jay

[JaEnglishGirl 34]

SO. my next move for the kids SSN?

1. Do I have to fill out i765 for each child now and somehow send it in as an additional paperwork? that's one options.

2. The second option is to just try to get SSN for my wife and let the kids be without it.

3. The third option is to get taxpayer's number for the kids, has anyone tried that?

I did tell you this when you first asked.

Yes, you can get a ITIN number for the kids.