K-2 AOS for Step-daughter

[Dave-n-Oksana 49]

I know this is a bit premature on my part as I have not filed the i-129f yet, but I have been looking down the road when it is time to file the AOS paperwork.

My Fiancee and I are planning to have her 18 year daughter join her as a K-2 visa , but the problem is that when my Fiancee and I marry, her daughter will be 19+. Will she be eligible for an AOS? I have read a lot of conflicting documents where the ages of 18 and 21 are stated as limits.

If it makes a difference we plan to file the AOS before the I-94 expires.

Dave

[Gary and Alla 3,696]

I know this is a bit premature on my part as I have not filed the i-129f yet, but I have been looking down the road when it is time to file the AOS paperwork.

My Fiancee and I are planning to have her 18 year daughter join her as a K-2 visa , but the problem is that when my Fiancee and I marry, her daughter will be 19+. Will she be eligible for an AOS? I have read a lot of conflicting documents where the ages of 18 and 21 are stated as limits.

If it makes a difference we plan to file the AOS before the I-94 expires.

Dave

YES! As long as she is single, not married. The age "cut off" for the K-2 is 21 years old, she must be "single" and the K-2 must be issued within one year of the K-1. Any information to the contrary in wrong.

we have done the exact same thing with our oldest son, who will be age 18 when hs visa is issued. We have verified everything with the consulate in Kiev and USCIS here.

FYI a K-2 is NOT eligible to receive an SSN before receiving an EAD or the green card. Your fiance IS eligible to receive an SSN immediately when she arrives. So get your fiancee's SSN when she arrives, file the AOS and then get the SSN for your daughter after she receives her green card or EAD. She will just have to "cool her heels" until then.

When you file, the AOS for both can be sent in the same envelope and I attached ONE check for all the fees. As she is over age 14, the AOS fee will be the same as for your fiancee, $1010.00

[Dave-n-Oksana 49]

I know this is a bit premature on my part as I have not filed the i-129f yet, but I have been looking down the road when it is time to file the AOS paperwork.

My Fiancee and I are planning to have her 18 year daughter join her as a K-2 visa , but the problem is that when my Fiancee and I marry, her daughter will be 19+. Will she be eligible for an AOS? I have read a lot of conflicting documents where the ages of 18 and 21 are stated as limits.

If it makes a difference we plan to file the AOS before the I-94 expires.

Dave

YES! As long as she is single, not married. The age "cut off" for the K-2 is 21 years old, she must be "single" and the K-2 must be issued within one year of the K-1. Any information to the contrary in wrong.

we have done the exact same thing with our oldest son, who will be age 18 when hs visa is issued. We have verified everything with the consulate in Kiev and USCIS here.

FYI a K-2 is NOT eligible to receive an SSN before receiving an EAD or the green card. Your fiance IS eligible to receive an SSN immediately when she arrives. So get your fiancee's SSN when she arrives, file the AOS and then get the SSN for your daughter after she receives her green card or EAD. She will just have to "cool her heels" until then.

When you file, the AOS for both can be sent in the same envelope and I attached ONE check for all the fees. As she is over age 14, the AOS fee will be the same as for your fiancee, $1010.00

So it doesn't matter that her Mother and I were not married before she turned 18? That is the concern that is on my mind.

[Gary and Alla 3,696]

I know this is a bit premature on my part as I have not filed the i-129f yet, but I have been looking down the road when it is time to file the AOS paperwork.

My Fiancee and I are planning to have her 18 year daughter join her as a K-2 visa , but the problem is that when my Fiancee and I marry, her daughter will be 19+. Will she be eligible for an AOS? I have read a lot of conflicting documents where the ages of 18 and 21 are stated as limits.

If it makes a difference we plan to file the AOS before the I-94 expires.

Dave

YES! As long as she is single, not married. The age "cut off" for the K-2 is 21 years old, she must be "single" and the K-2 must be issued within one year of the K-1. Any information to the contrary in wrong.

we have done the exact same thing with our oldest son, who will be age 18 when hs visa is issued. We have verified everything with the consulate in Kiev and USCIS here.

FYI a K-2 is NOT eligible to receive an SSN before receiving an EAD or the green card. Your fiance IS eligible to receive an SSN immediately when she arrives. So get your fiancee's SSN when she arrives, file the AOS and then get the SSN for your daughter after she receives her green card or EAD. She will just have to "cool her heels" until then.

When you file, the AOS for both can be sent in the same envelope and I attached ONE check for all the fees. As she is over age 14, the AOS fee will be the same as for your fiancee, $1010.00

So it doesn't matter that her Mother and I were not married before she turned 18? That is the concern that is on my mind.

No, absolutely not. As long as she is under age 21 and not married and comes with your fiancee, or follows within a year, it does not matter when you are married. Children of K-1 visa holders are eligible for a K-2 until age 21.

She should be able to attend some schools before receiveing her green card and SSN. Some universities have residency requirements, it is also necessary she have a green card to apply for college financial aid (FSA), state student aid varies by state. Public schools, high schools, will usually accept students without an SSN. I would imagine she is college age, so she can enroll in some classes before receiving her green card, usually. You will have to check. She will not be able to work until she has an EAD or Green Card.

[Gary and Alla 3,696]

I know this is a bit premature on my part as I have not filed the i-129f yet, but I have been looking down the road when it is time to file the AOS paperwork.

My Fiancee and I are planning to have her 18 year daughter join her as a K-2 visa , but the problem is that when my Fiancee and I marry, her daughter will be 19+. Will she be eligible for an AOS? I have read a lot of conflicting documents where the ages of 18 and 21 are stated as limits.

If it makes a difference we plan to file the AOS before the I-94 expires.

Dave

Just FYI, the daughters visa will be handled in just the same way as your fiancee's. You will need to submit an I-134 for her (I have samples of fiance with children forms) she will need a medical exam, policer certificate, birth certificate, DS-156 in duplicate and pay the visa fee. She MUST attend the interview with your fiancee, or later if she follows after, but she must have an interview as she is over age 14. (the interview will be little if anything but she needs to give her fingerprint) It is, basically, a re-do of your fiancee's visa paper work minus the DS-156K and marriage and divorce certificates, of course. Also you do not need to show "proof of ongoing relationship" She is over 18 so will need her own international passport. She will NOT need an "absent parent letter" this is not required over age 16 in Ukraine. All documents must, of course, be translated to English.

Good luck, let me know if I can help

[payxibka 10,048]

just do NOT let her age out or you will be screwed....

[Dakine 26]

I know this is a bit premature on my part as I have not filed the i-129f yet, but I have been looking down the road when it is time to file the AOS paperwork.

My Fiancee and I are planning to have her 18 year daughter join her as a K-2 visa , but the problem is that when my Fiancee and I marry, her daughter will be 19+. Will she be eligible for an AOS? I have read a lot of conflicting documents where the ages of 18 and 21 are stated as limits.

If it makes a difference we plan to file the AOS before the I-94 expires.

Dave

YES! As long as she is single, not married. The age "cut off" for the K-2 is 21 years old, she must be "single" and the K-2 must be issued within one year of the K-1. Any information to the contrary in wrong.

we have done the exact same thing with our oldest son, who will be age 18 when hs visa is issued. We have verified everything with the consulate in Kiev and USCIS here.

FYI a K-2 is NOT eligible to receive an SSN before receiving an EAD or the green card. Your fiance IS eligible to receive an SSN immediately when she arrives. So get your fiancee's SSN when she arrives, file the AOS and then get the SSN for your daughter after she receives her green card or EAD. She will just have to "cool her heels" until then.

When you file, the AOS for both can be sent in the same envelope and I attached ONE check for all the fees. As she is over age 14, the AOS fee will be the same as for your fiancee, $1010.00

"Your fiance IS eligible to receive an SSN immediately when she arrives"

Not quite. You have to wait a couple weeks after arrival as the info takes awhile to get in the SSA system.

[Gary and Alla 3,696]

I know this is a bit premature on my part as I have not filed the i-129f yet, but I have been looking down the road when it is time to file the AOS paperwork.

My Fiancee and I are planning to have her 18 year daughter join her as a K-2 visa , but the problem is that when my Fiancee and I marry, her daughter will be 19+. Will she be eligible for an AOS? I have read a lot of conflicting documents where the ages of 18 and 21 are stated as limits.

If it makes a difference we plan to file the AOS before the I-94 expires.

Dave

YES! As long as she is single, not married. The age "cut off" for the K-2 is 21 years old, she must be "single" and the K-2 must be issued within one year of the K-1. Any information to the contrary in wrong.

we have done the exact same thing with our oldest son, who will be age 18 when hs visa is issued. We have verified everything with the consulate in Kiev and USCIS here.

FYI a K-2 is NOT eligible to receive an SSN before receiving an EAD or the green card. Your fiance IS eligible to receive an SSN immediately when she arrives. So get your fiancee's SSN when she arrives, file the AOS and then get the SSN for your daughter after she receives her green card or EAD. She will just have to "cool her heels" until then.

When you file, the AOS for both can be sent in the same envelope and I attached ONE check for all the fees. As she is over age 14, the AOS fee will be the same as for your fiancee, $1010.00

"Your fiance IS eligible to receive an SSN immediately when she arrives"

Not quite. You have to wait a couple weeks after arrival as the info takes awhile to get in the SSA system.

Sorry, not true Haole. The very conservative VJ guides say to wait two weeks. There is no waiting period for a K-1. All that is required is a passport, K-1 visa and I-94 card which any fiance(e) will have when they leave the airport. Alla arrived at 5 pm on a Thursday and applied for her SSN Friday morning at 9am, 16 hours after arrival. There were no questions asked and no problems. She did not change her name from that in her passport. She called the SS office from the bank parking lot and got her number the following Monday morning (the system generates the SSN overnight but it takes about a week for the card to arrive), we went into the bank using that number and added her to the accounts. We then went to the university she attends and completed her enrollment papers with the SSN so she could start classes Tuesday morning. She had her SS card in hand on Wednesday, 6 days after she arrived. Her SSN is recorded on our marriage license issued 8 days after her arrival. (the SSN was asked for on the marriage license but is not required if a person does not have one).

Wait if you want, but there is no need to, if the window clerk at your local SS office does not know this, ask for a supervisor.

[Dave-n-Oksana 49]

just do NOT let her age out or you will be screwed....

As the saying goes "This is not an option". It is one of the reasons we are going to Adjust as quickly as possible. Even if I have to beg, borrow, or steal the money.

"Your fiance IS eligible to receive an SSN immediately when she arrives"

Not quite. You have to wait a couple weeks after arrival as the info takes awhile to get in the SSA system.

Sorry, not true Haole. The very conservative VJ guides say to wait two weeks. There is no waiting period for a K-1. All that is required is a passport, K-1 visa and I-94 card which any fiance(e) will have when they leave the airport. Alla arrived at 5 pm on a Thursday and applied for her SSN Friday morning at 9am, 16 hours after arrival. There were no questions asked and no problems. She did not change her name from that in her passport. She called the SS office from the bank parking lot and got her number the following Monday morning (the system generates the SSN overnight but it takes about a week for the card to arrive), we went into the bank using that number and added her to the accounts. We then went to the university she attends and completed her enrollment papers with the SSN so she could start classes Tuesday morning. She had her SS card in hand on Wednesday, 6 days after she arrived. Her SSN is recorded on our marriage license issued 8 days after her arrival. (the SSN was asked for on the marriage license but is not required if a person does not have one).

Wait if you want, but there is no need to, if the window clerk at your local SS office does not know this, ask for a supervisor.

Thanks for all the information. It has definately set my mind at ease.

Dave

[Gary and Alla 3,696]

I know this is a bit premature on my part as I have not filed the i-129f yet, but I have been looking down the road when it is time to file the AOS paperwork.

My Fiancee and I are planning to have her 18 year daughter join her as a K-2 visa , but the problem is that when my Fiancee and I marry, her daughter will be 19+. Will she be eligible for an AOS? I have read a lot of conflicting documents where the ages of 18 and 21 are stated as limits.

If it makes a difference we plan to file the AOS before the I-94 expires.

Dave

Dave:

Whatever you do, do not send the I-129f to the "chicago lockbox" listed in your timeline, that is for the AOS process. If you do that the daughter MAY more than 21 before they get it to the right place!!!!!!!! You will use either the California Service Center (CSC) or the Vermont Service Center (VSC) to file your I-129f, those are the only two places that process the I-129f. I am not sure which one is used by Kansas residents, it is not a choice on your part, it depends where the forms are sent for residents of your state. Check on that and make sure you have the right address before you send it.

I doubt you will have a problem with the timing, sounds like you have plenty of time, BUT just to be sure, it would be best to make a duplicate original petition (basically as your "copy") Use duplicate original signature G-325s, fiancee intent letters. (Or just keep an extra, signed, blank copy of the G-325a and an extra, signed by Oksana, fiancee letter of intent) That way if there is any problem (lost in the mail, it happens!) you can whip out a new petition in a few minutes. Use a personal check for the payment so you can track it with your bank account and send the package certified mail or UPS/FedEx so you get delivery confirmation. NEVER send anything to USCIS without delivery confirmation of some sort. I read too many posts where people send these off, never hear anything and after many weeks decide it is lost and have to start all over. Seems like you have time, but who wants to waste weeks because of mis-directed mail?

[rebeccajo 14]

Sorry, not true Haole. The very conservative VJ guides say to wait two weeks. There is no waiting period for a K-1. All that is required is a passport, K-1 visa and I-94 card which any fiance(e) will have when they leave the airport. Alla arrived at 5 pm on a Thursday and applied for her SSN Friday morning at 9am, 16 hours after arrival. There were no questions asked and no problems. She did not change her name from that in her passport. She called the SS office from the bank parking lot and got her number the following Monday morning (the system generates the SSN overnight but it takes about a week for the card to arrive), we went into the bank using that number and added her to the accounts. We then went to the university she attends and completed her enrollment papers with the SSN so she could start classes Tuesday morning. She had her SS card in hand on Wednesday, 6 days after she arrived. Her SSN is recorded on our marriage license issued 8 days after her arrival. (the SSN was asked for on the marriage license but is not required if a person does not have one).

Wait if you want, but there is no need to, if the window clerk at your local SS office does not know this, ask for a supervisor.

K1 entrants must be verifiable by the SAVE system before the SS administration can issue then a number. Not all airports report daily to SAVE.

The majority of K1 entrants will find it takes a week or two before they are 'verifiable'.

In addition, the SS office will want to see the passport containing the visa and I94, and the birth certificate of the alien.

[Eric-Pris 1,607]

When you file, the AOS for both can be sent in the same envelope and I attached ONE check for all the fees. As she is over age 14, the AOS fee will be the same as for your fiancee, $1010.00

I agree with the firts part, but not the second. You should send both AOS applications TOGETHER in one envelope. But you should attached SEPARATE check for $1,010 each. Some people have gotten lucky with one check, but many people have gotten their packages returned due to incorrect payment enclosed when sent in one check. They had to resend them with separate checks.

[rebeccajo 14]

No, absolutely not. As long as she is under age 21 and not married and comes with your fiancee, or follows within a year, it does not matter when you are married. Children of K-1 visa holders are eligible for a K-2 until age 21.

Incorrect.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

[Dave-n-Oksana 49]

No, absolutely not. As long as she is under age 21 and not married and comes with your fiancee, or follows within a year, it does not matter when you are married. Children of K-1 visa holders are eligible for a K-2 until age 21.

Incorrect.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

And the confusion sets in again.

Are you saying that my step daughter will not be able to adjust status on the K-2 when my fiancee does her AOS? If so what are our options for her? This is a big concern as we both want our family to be complete and in the same location.

Dave

[rebeccajo 14]

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Edited April 26, 2009 by rebeccajo