AOS from K-2 to follow

[Gary and Alla 3,696]

Hello All!

I had an ifnopass appointment this morning and met with the director of the St Albans office (woo hoo). Anyway the meeting was regarding our sons AOS from a K-2 to follow. we had been told this could be done through the local office and I was there scouting ahead to find the proper path. We were told correctly...sort of. So here is the deal with a K-2 to follow, after the mother has already received her green card.

1. File the I-485 and all documents with the Chicago lockbox as per usual, YES I need another I-864

2. Wait for the I-797 receipt (for my wife this took about 10 days to receive)

3. Make an infopass appointment for the K-2 beneficiary at the local office

4. Go to the local office for biometrics and give a copy of the I-797

5. They will order his file from Chicago and "process it for approval" in the local office and order the green card

6. Green card will be sent. I am told he will have no interview.

They say that currently Green Card production is "slow". Whatever that means. We should have his green card before he returns for school in Moscow. If we do not have his green card 10 days before he leaves, make another infopass appointment and they will put the I-551 stamp in his passport. They seem to be getting very miserly with this stamp for some reason.

Our son will arrive July 16 and return September 8. They say he will have his authorization (green card or passport stamp) before he leaves. If the green card is not here, they will send it to the Moscow consulate for him to pick up.

NOTE

His mother has already arrived and received her AOS. HIS green card is derivitive of hers. He does not need to get married or "prove" anything other than he is her son and she was approved already. This will NOT work for someone first arriving here, for that you need to go through the normal procedure. But for anyone who has a child following or has the issue of a child in a foreign college, it may be helpful to know this.

I will say they have been most cooperative, or seem to be, in arranging this so his education is not interrupted. BUT the first person I spoke to today said "No, we can't do that anymore", but we had been told this by the IO at our AOS interview. When I saw the director, everything changed and it is more like what we were told in January, though not exactly. Close enough for government work.

Hello All!

I had an ifnopass appointment this morning and met with the director of the St Albans office (woo hoo). Anyway the meeting was regarding our sons AOS from a K-2 to follow. we had been told this could be done through the local office and I was there scouting ahead to find the proper path. We were told correctly...sort of. So here is the deal with a K-2 to follow, after the mother has already received her green card.

1. File the I-485 and all documents with the Chicago lockbox as per usual, YES I need another I-864

2. Wait for the I-797 receipt (for my wife this took about 10 days to receive)

3. Make an infopass appointment for the K-2 beneficiary at the local office

4. Go to the local office for biometrics and give a copy of the I-797

5. They will order his file from Chicago and "process it for approval" in the local office and order the green card

6. Green card will be sent. I am told he will have no interview.

They say that currently Green Card production is "slow". Whatever that means. We should have his green card before he returns for school in Moscow. If we do not have his green card 10 days before he leaves, make another infopass appointment and they will put the I-551 stamp in his passport. They seem to be getting very miserly with this stamp for some reason.

Our son will arrive July 16 and return September 8. They say he will have his authorization (green card or passport stamp) before he leaves. If the green card is not here, they will send it to the Moscow consulate for him to pick up.

NOTE

His mother has already arrived and received her AOS. HIS green card is derivitive of hers. He does not need to get married or "prove" anything other than he is her son and she was approved already. This will NOT work for someone first arriving here, for that you need to go through the normal procedure. But for anyone who has a child following or has the issue of a child in a foreign college, it may be helpful to know this.

I will say they have been most cooperative, or seem to be, in arranging this so his education is not interrupted. BUT the first person I spoke to today said "No, we can't do that anymore", but we had been told this by the IO at our AOS interview. When I saw the director, everything changed and it is more like what we were told in January, though not exactly. Close enough for government work.

[payxibka 10,048]

it will be interesting to see if the procedure goes as they told you

[Dakine 26]

it will be interesting to see if the procedure goes as they told you

DITTO!

I'd like to see what they "said" on paper!

Edited May 26, 2009 by Haole

[Gary and Alla 3,696]

it will be interesting to see if the procedure goes as they told you

My thoughts exactly.

[Eric-Pris 1,609]

And even if it's successful for you, this procedure my not be known to or practiced in other offices. Just look at how SSA practices differ from office to office, some people have trouble getting a number with EAD in hand while others walk in the day they arrived in the US and get one.

[Gary and Alla 3,696]

And even if it's successful for you, this procedure my not be known to or practiced in other offices. Just look at how SSA practices differ from office to office, some people have trouble getting a number with EAD in hand while others walk in the day they arrived in the US and get one.

Very true, by the way, for the SSN the latter is correct. A k-1 is eligible right away.

I am trying to grease the skids for what should be and we were told, an easy procedure. I think I have done all I can do. Two things concern me, they suggested I also file for AP (why?) and that "if all else fails we can issue an emergency AP from this office" Hmmm. But they told me follow this procedure and all will be sunshine and happiness. Hopefully they are not just blowing sunshine up my....

It is possible it helps that the St Albans office is really a very sleepy little place, the Mayberry of USCIS offices no doubt. This is not the same building as the VSC compound with hundreds of people inside (and 1/3 of them working) but it is nearby.

[Brad and Vika 129]

Keep us informed brother

[Waitinggent 2]

Being in the same position as you, if my local office says "no, we can't do that anymore", would I then have to file for AOS at the service center (just as with the mother) and wait 4 months or get advanced parole? Does the fact that the son doesn't need to be interviewed mean that if I must file at the service center, that the son can get advanced parole and not have to return to the US again to get the AOS (his presence is not required to get the AOS)? Or will the service center act differently and require the son to return to the U.S. to be interviewed?

[Gary and Alla 3,696]

Being in the same position as you, if my local office says "no, we can't do that anymore", would I then have to file for AOS at the service center (just as with the mother) and wait 4 months or get advanced parole? Does the fact that the son doesn't need to be interviewed mean that if I must file at the service center, that the son can get advanced parole and not have to return to the US again to get the AOS (his presence is not required to get the AOS)? Or will the service center act differently and require the son to return to the U.S. to be interviewed?

well if they say that, ask for the supervisor, that's what I did. I asked if something had changed since january and he said "NO" but our file was no longer there, as I was told it would be. It had been sent to the NRC "national records center". I think that's the room you see at the end of "Indiana Jones". I would have to file the AOS in Chicago and then the St Albans office could, more or less, intercede and ask everything to be sent to them for processing. It would be sent to them for processing anyway, but by going for an infopass appointment and getting the biometrics and them requesting the file, it will speed up the normal process, so I am told. Why the long way 'round the mountain, I don't know. I thought , hmmm "Why not request the file now?" Anyway, the upshot is it sounds like it will be pretty quick this way and within our timeframe. I really don't care, an AP is fine by me and then send his green card to Moscow without an interview...I'm happy. As I understand, this is really the "normal" process except the local office is aware its happening and will call ahead and say "hey, get that file out from under the table leg and send it to us right away"

Otherwise, yes, you have to go through the normal process. He does not need an interview (I am told) because a K-2 is derivitive of the K-1. They have to verify the K-1 was properly carried out, you got married, you are a legitimate couple, etc. Though some K-1s get a green card without interview also. All the verification Sergey needs, we will submit with the AOS. Birth certificate, copy of our marriage certificate and copy of Alla's "welcome letter". What's to interview? He WILL have to be here to give biometrics, but instead of waiting a month for them to send a letter for an appointment 3 weeks farther down the road, WE will schedule the biometrics ourselves which some other offices do anyway.

In our case it appears he will have his green card quickly (I hope) or he will get an AP for his next return trip and not need to come back for an interview, they will send the green card to Moscow if we want.

[Waitinggent 2]

Being in the same position as you, if my local office says "no, we can't do that anymore", would I then have to file for AOS at the service center (just as with the mother) and wait 4 months or get advanced parole? Does the fact that the son doesn't need to be interviewed mean that if I must file at the service center, that the son can get advanced parole and not have to return to the US again to get the AOS (his presence is not required to get the AOS)? Or will the service center act differently and require the son to return to the U.S. to be interviewed?

well if they say that, ask for the supervisor, that's what I did. I asked if something had changed since january and he said "NO" but our file was no longer there, as I was told it would be. It had been sent to the NRC "national records center". I think that's the room you see at the end of "Indiana Jones". I would have to file the AOS in Chicago and then the St Albans office could, more or less, intercede and ask everything to be sent to them for processing. It would be sent to them for processing anyway, but by going for an infopass appointment and getting the biometrics and them requesting the file, it will speed up the normal process, so I am told. Why the long way 'round the mountain, I don't know. I thought , hmmm "Why not request the file now?" Anyway, the upshot is it sounds like it will be pretty quick this way and within our timeframe. I really don't care, an AP is fine by me and then send his green card to Moscow without an interview...I'm happy. As I understand, this is really the "normal" process except the local office is aware its happening and will call ahead and say "hey, get that file out from under the table leg and send it to us right away"

Otherwise, yes, you have to go through the normal process. He does not need an interview (I am told) because a K-2 is derivitive of the K-1. They have to verify the K-1 was properly carried out, you got married, you are a legitimate couple, etc. Though some K-1s get a green card without interview also. All the verification Sergey needs, we will submit with the AOS. Birth certificate, copy of our marriage certificate and copy of Alla's "welcome letter". What's to interview? He WILL have to be here to give biometrics, but instead of waiting a month for them to send a letter for an appointment 3 weeks farther down the road, WE will schedule the biometrics ourselves which some other offices do anyway.

In our case it appears he will have his green card quickly (I hope) or he will get an AP for his next return trip and not need to come back for an interview, they will send the green card to Moscow if we want.

Gary, It seems that all I would need to do to get a conditional green card for my fiance's son (K-2 to follow), is to fly him in for a week or 2 to give biometrics, and then his conditional green card can be sent to his most convenient embassy (Kiev, St. Pete or Moscow). Is that correct? And if so, can I make his appointment to give biometrics before he even arrives to make sure that it will be complete during the window he is in the USA? Am I missing anything that would make this not so simple as it seems?

[Waitinggent 2]

Can I do an infopass before I file for my K-1, to see if my local office will not have objections to what I plan to do?

[Gary and Alla 3,696]

Can I do an infopass before I file for my K-1, to see if my local office will not have objections to what I plan to do?

I am sure you can make an infopass appointment and run it by them. Just be advised that what you learn may change as it has for me several times. It is really difficult to pin them down and remember, no matter what they tell you, if it is wrong...too bad for you. It is the thing I have learned in this process more than any other...your fault, their fault. anyone's fault...it is YOUR problem.