K4 AOS HELP

[OhioRick 0]

My step son came to the US a year after my wife got here. My wife already has her greencard and we finally sent in my son's AOS paperwork. I got an appointment for his biometrics and then a letter stating that we needed to send more information to USCIS.

My son is 5 years old, he came here on a K4 Visa as a derivitive of his mothers K3 Visa. The paper that I got from USCIS concerns me a bit though. This is word for word from the letter "Attention applicants who last entered the United States as K-4s: Immediate relatives must each have a Form I-130 Petition for Alien Relative filed on their own behalf. K-4 applicants are seeking lawful permant resident status on Form I-485 as an aimmediate relative and cannot adjust status as a rider/deriviative on the K-3 parents I-130 petition (no such classification exists)."

What concerns me here is that I sent $930.00 to these guys, which they cash very quickly and the way I am reading this is that I have to file a I-130 seperate for him then another I-485. Is this correct????

I was told that he was allowed to come here and adjust status under his mothers paperwork. Can someone please clarify? If I just just 930 bucks and have to file an I-130 we may have some issues because his Visa expires March 6th of this year.

[payxibka 10,048]

My step son came to the US a year after my wife got here. My wife already has her greencard and we finally sent in my son's AOS paperwork. I got an appointment for his biometrics and then a letter stating that we needed to send more information to USCIS.

My son is 5 years old, he came here on a K4 Visa as a derivitive of his mothers K3 Visa. The paper that I got from USCIS concerns me a bit though. This is word for word from the letter "Attention applicants who last entered the United States as K-4s: Immediate relatives must each have a Form I-130 Petition for Alien Relative filed on their own behalf. K-4 applicants are seeking lawful permant resident status on Form I-485 as an aimmediate relative and cannot adjust status as a rider/deriviative on the K-3 parents I-130 petition (no such classification exists)."

What concerns me here is that I sent $930.00 to these guys, which they cash very quickly and the way I am reading this is that I have to file a I-130 seperate for him then another I-485. Is this correct????

I was told that he was allowed to come here and adjust status under his mothers paperwork. Can someone please clarify? If I just just 930 bucks and have to file an I-130 we may have some issues because his Visa expires March 6th of this year.

I do not know who told you but unfortunately it is time to read the manual... I-130 and I-485 is required for each K-3 or K-4.

[rin and john 71]

My step son came to the US a year after my wife got here. My wife already has her greencard and we finally sent in my son's AOS paperwork. I got an appointment for his biometrics and then a letter stating that we needed to send more information to USCIS.

My son is 5 years old, he came here on a K4 Visa as a derivitive of his mothers K3 Visa. The paper that I got from USCIS concerns me a bit though. This is word for word from the letter "Attention applicants who last entered the United States as K-4s: Immediate relatives must each have a Form I-130 Petition for Alien Relative filed on their own behalf. K-4 applicants are seeking lawful permant resident status on Form I-485 as an aimmediate relative and cannot adjust status as a rider/deriviative on the K-3 parents I-130 petition (no such classification exists)."

What concerns me here is that I sent $930.00 to these guys, which they cash very quickly and the way I am reading this is that I have to file a I-130 seperate for him then another I-485. Is this correct????

I was told that he was allowed to come here and adjust status under his mothers paperwork. Can someone please clarify? If I just just 930 bucks and have to file an I-130 we may have some issues because his Visa expires March 6th of this year.

Rin's children followed to join, as well. When we filed for them, we submitted both the I-130 and I-485 together (along with EAD so they could get SSNs faster for tax purposes). By filing at the same time as their mother the total cost was $955 ($600 for the I-485 and $355 for the I-130). By filing separately from his mother, the price is higher.

To answer your question, yes, a I-130 is needed for your stepson, including the $355 application fee.

[sib 7]

Just file the I-130 with the appropriate fee and include in your letter a copy of the NOA for the AOS. Also a copy or the original (should be noted on the letter you got) of the letter you got. They already have the AOS, just the I-130 is missing.

Sib