K3 daughter is soon to apply her AOS

[mamalou 0]

My 19 yo K3 daughter is anxious & is ready to apply for her AOS very soon. She's been here in the US for 5 mos already & is working for 2 mos now. I contacted USCIS for 3 times to get accurate answers but I am still uncertain if I should go on with the application or what to apply. The first representative there told me to pursue on I-485 NO NEED for the I-130. Then the next time I call the lady representative is the one that I've talked & told me to apply first I-130 before I-1485 or concurrent. I was mixed up then what to do, considering that AOS fee is a huge amount $ 1,010. that we cannot afford to just lost it if ever uscis will deny it & might as well wont refund our money because of wrong application. I just want to be sure so I tried again calling for the 3rd time & another guy rep answers told me to go on with I-485 NO NEED I-130. To give you additional info my daughter already turn 19 two mos before our marriage took place, she was included in my husband's petitioned I-130 & I-129F(but not separate). Plsss. V'jers I need good answers, I appreciate anyone. ' I'm glad to tell you that I just recieved my GC.

God Bless us all VJ members.

As always,

mamalou

[payxibka 10,044]

My 19 yo K3 daughter is anxious & is ready to apply for her AOS very soon. She's been here in the US for 5 mos already & is working for 2 mos now. I contacted USCIS for 3 times to get accurate answers but I am still uncertain if I should go on with the application or what to apply. The first representative there told me to pursue on I-485 NO NEED for the I-130. Then the next time I call the lady representative is the one that I've talked & told me to apply first I-130 before I-1485 or concurrent. I was mixed up then what to do, considering that AOS fee is a huge amount $ 1,010. that we cannot afford to just lost it if ever uscis will deny it & might as well wont refund our money because of wrong application. I just want to be sure so I tried again calling for the 3rd time & another guy rep answers told me to go on with I-485 NO NEED I-130. To give you additional info my daughter already turn 19 two mos before our marriage took place, she was included in my husband's petitioned I-130 & I-129F(but not separate). Plsss. V'jers I need good answers, I appreciate anyone. ' I'm glad to tell you that I just recieved my GC.

God Bless us all VJ members.

As always,

mamalou

I hope your daughter was K-4... but regardless... whether K-3 or K-4... ALL need an I-130.... so if one has not been submitted... send it concurrently with the I-485

[mamalou 0]

='payxibka' date='Sep 15 2009, 04:55 PM' post='3314123']

name='mamalou' post='3313686' date='Sep 15 2009, 04:00 PM']My 19 yo K3 daughter is anxious & is ready to apply for her AOS very soon. She's been here in the US for 5 mos already & is working for 2 mos now. I contacted USCIS for 3 times to get accurate answers but I am still uncertain if I should go on with the application or what to apply. The first representative there told me to pursue on I-485 NO NEED for the I-130. Then the next time I call the lady representative is the one that I've talked & told me to apply first I-130 before I-1485 or concurrent. I was mixed up then what to do, considering that AOS fee is a huge amount $ 1,010. that we cannot afford to just lost it if ever uscis will deny it & might as well wont refund our money because of wrong application. I just want to be sure so I tried again calling for the 3rd time & another guy rep answers told me to go on with I-485 NO NEED I-130. To give you additional info my daughter already turn 19 two mos before our marriage took place, she was included in my husband's petitioned I-130 & I-129F(but not separate). Plsss. V'jers I need good answers, I appreciate anyone. ' I'm glad to tell you that I just recieved my GC.

God Bless us all VJ members.

As always,

mamalou

I hope your daughter was K-4... but regardless... whether K-3 or K-4... ALL need an I-130.... so if one has not been submitted... send it concurrently with the I-485

Im sorry I stand corrected my daughter is K4.

[Gary and Alla 3,694]

='payxibka' date='Sep 15 2009, 04:55 PM' post='3314123']

name='mamalou' post='3313686' date='Sep 15 2009, 04:00 PM']My 19 yo K3 daughter is anxious & is ready to apply for her AOS very soon. She's been here in the US for 5 mos already & is working for 2 mos now. I contacted USCIS for 3 times to get accurate answers but I am still uncertain if I should go on with the application or what to apply. The first representative there told me to pursue on I-485 NO NEED for the I-130. Then the next time I call the lady representative is the one that I've talked & told me to apply first I-130 before I-1485 or concurrent. I was mixed up then what to do, considering that AOS fee is a huge amount $ 1,010. that we cannot afford to just lost it if ever uscis will deny it & might as well wont refund our money because of wrong application. I just want to be sure so I tried again calling for the 3rd time & another guy rep answers told me to go on with I-485 NO NEED I-130. To give you additional info my daughter already turn 19 two mos before our marriage took place, she was included in my husband's petitioned I-130 & I-129F(but not separate). Plsss. V'jers I need good answers, I appreciate anyone. ' I'm glad to tell you that I just recieved my GC.

God Bless us all VJ members.

As always,

mamalou

I hope your daughter was K-4... but regardless... whether K-3 or K-4... ALL need an I-130.... so if one has not been submitted... send it concurrently with the I-485

Im sorry I stand corrected my daughter is K4.

I will admit to some unfamiliarity with the K3/K4 process, but how did your daughter get an EAD and SSN without AOS? Confused. I am under the impression K3s and K4s are not eligible to work OR get SSN until they have green card or EAD. The "employment authorized" stamp on the I-94 being worthless for K visa holders.

Please correct me if I am wrong

[payxibka 10,044]

='payxibka' date='Sep 15 2009, 04:55 PM' post='3314123']

name='mamalou' post='3313686' date='Sep 15 2009, 04:00 PM']My 19 yo K3 daughter is anxious & is ready to apply for her AOS very soon. She's been here in the US for 5 mos already & is working for 2 mos now. I contacted USCIS for 3 times to get accurate answers but I am still uncertain if I should go on with the application or what to apply. The first representative there told me to pursue on I-485 NO NEED for the I-130. Then the next time I call the lady representative is the one that I've talked & told me to apply first I-130 before I-1485 or concurrent. I was mixed up then what to do, considering that AOS fee is a huge amount $ 1,010. that we cannot afford to just lost it if ever uscis will deny it & might as well wont refund our money because of wrong application. I just want to be sure so I tried again calling for the 3rd time & another guy rep answers told me to go on with I-485 NO NEED I-130. To give you additional info my daughter already turn 19 two mos before our marriage took place, she was included in my husband's petitioned I-130 & I-129F(but not separate). Plsss. V'jers I need good answers, I appreciate anyone. ' I'm glad to tell you that I just recieved my GC.

God Bless us all VJ members.

As always,

mamalou

I hope your daughter was K-4... but regardless... whether K-3 or K-4... ALL need an I-130.... so if one has not been submitted... send it concurrently with the I-485

Im sorry I stand corrected my daughter is K4.

I will admit to some unfamiliarity with the K3/K4 process, but how did your daughter get an EAD and SSN without AOS? Confused. I am under the impression K3s and K4s are not eligible to work OR get SSN until they have green card or EAD. The "employment authorized" stamp on the I-94 being worthless for K visa holders.

Please correct me if I am wrong

You are correct that a K-3/4 is not eligible to apply for an SSN upon entry. However, there is nothing preventing them from submitting an I-765 to become authorized.... Since the K-3/4 gets a two year I-94, they can submit an I-765 and get an EAD card with longer expiry than a K-1 could. They can do this and wait for the I-485 process after they are married two years and avoid the I-751.

[mamalou 0]

Gary and Alla' date='Sep 16 2009, 04:39 AM' post='3315034']

'mamalou' post='3314257' date='Sep 15 2009, 08:34 PM']='payxibka' date='Sep 15 2009, 04:55 PM' post='3314123']

name='mamalou' post='3313686' date='Sep 15 2009, 04:00 PM']My 19 yo K3 daughter is anxious & is ready to apply for her AOS very soon. She's been here in the US for 5 mos already & is working for 2 mos now. I contacted USCIS for 3 times to get accurate answers but I am still uncertain if I should go on with the application or what to apply. The first representative there told me to pursue on I-485 NO NEED for the I-130. Then the next time I call the lady representative is the one that I've talked & told me to apply first I-130 before I-1485 or concurrent. I was mixed up then what to do, considering that AOS fee is a huge amount $ 1,010. that we cannot afford to just lost it if ever uscis will deny it & might as well wont refund our money because of wrong application. I just want to be sure so I tried again calling for the 3rd time & another guy rep answers told me to go on with I-485 NO NEED I-130. To give you additional info my daughter already turn 19 two mos before our marriage took place, she was included in my husband's petitioned I-130 & I-129F(but not separate). Plsss. V'jers I need good answers, I appreciate anyone. ' I'm glad to tell you that I just recieved my GC.

God Bless us all VJ members.

As always,

mamalou

I hope your daughter was K-4... but regardless... whether K-3 or K-4... ALL need an I-130.... so if one has not been submitted... send it concurrently with the I-485

Im sorry I stand corrected my daughter is K4.

I will admit to some unfamiliarity with the K3/K4 process, but how did your daughter get an EAD and SSN without AOS? Confused. I am under the impression K3s and K4s are not eligible to work OR get SSN until they have green card or EAD. The "employment authorized" stamp on the I-94 being worthless for K visa holders.

Please correct me if I am wrong

But Gary my daughter just applied for EAD first and she got it only 27 days & 1 week for her SSN.

[Gary and Alla 3,694]

OK, no problem. Thank you and Payixbka for the clarification. The process is somewhat different than the K-1 I am more familiar with due to the 2 year time frame. Great. Good luck.

[Dakine 26]

My 19 yo K3 daughter is anxious & is ready to apply for her AOS very soon. She's been here in the US for 5 mos already & is working for 2 mos now. I contacted USCIS for 3 times to get accurate answers but I am still uncertain if I should go on with the application or what to apply. The first representative there told me to pursue on I-485 NO NEED for the I-130. Then the next time I call the lady representative is the one that I've talked & told me to apply first I-130 before I-1485 or concurrent. I was mixed up then what to do, considering that AOS fee is a huge amount $ 1,010. that we cannot afford to just lost it if ever uscis will deny it & might as well wont refund our money because of wrong application. I just want to be sure so I tried again calling for the 3rd time & another guy rep answers told me to go on with I-485 NO NEED I-130. To give you additional info my daughter already turn 19 two mos before our marriage took place, she was included in my husband's petitioned I-130 & I-129F(but not separate). Plsss. V'jers I need good answers, I appreciate anyone. ' I'm glad to tell you that I just recieved my GC.

God Bless us all VJ members.

As always,

mamalou

[Dakine 26]

glad to tell you that I just recieved my GC.

Sorry DON"T dance yet! Your daughter can't adust status since you are no longer a K3!

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

http://travel.state.gov/visa/immigrants/ty...993.html#adjust

Edited September 17, 2009 by Haole

[payxibka 10,044]

glad to tell you that I just recieved my GC.

Sorry DON"T dance yet! Your daughter can't adust status since you are no longer a K3!

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

http://travel.state.gov/visa/immigrants/ty...993.html#adjust

nothing like taking something out of context, see the IF statement

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

If it were me I would be more worried about when the USC step parent / step child relationship was created

Edited September 17, 2009 by payxibka

[Dakine 26]

glad to tell you that I just recieved my GC.

Sorry DON"T dance yet! Your daughter can't adust status since you are no longer a K3!

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

http://travel.state.gov/visa/immigrants/ty...993.html#adjust

nothing like taking something out of context, see the IF statement

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

If it were me I would be more worried about when the USC step parent / step child relationship was created

Sorry if I misinterpreted but I don't "think" I did. From what I understand that when a 3 K3 gets their GC [i think they are a CR5 at least my wife was] the K4 is no longer a derivative and has to leave the US.

Hopefully I'm wrong

[payxibka 10,044]

glad to tell you that I just recieved my GC.

Sorry DON"T dance yet! Your daughter can't adust status since you are no longer a K3!

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

http://travel.state.gov/visa/immigrants/ty...993.html#adjust

nothing like taking something out of context, see the IF statement

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

If it were me I would be more worried about when the USC step parent / step child relationship was created

Sorry if I misinterpreted but I don't "think" I did. From what I understand that when a 3 K3 gets their GC [i think they are a CR5 at least my wife was] the K4 is no longer a derivative and has to leave the US.

Hopefully I'm wrong

You are wrong if the USC has or will submit an I-130 for the child... If the USC never files an I-130 or cannot because the stepchild relationship was created AFTER the age of 18 and therefore ineligible to do so, then you are correct.

[mamalou 0]

glad to tell you that I just recieved my GC.

Sorry DON"T dance yet! Your daughter can't adust status since you are no longer a K3!

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

nothing like taking something out of context, see the IF statement

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

If it were me I would be more worried about when the USC step parent / step child relationship was created

OMG!! upon reading your post it seems like "from better to worst" , hummm...but yesterday I decided to call again uscis and the lady answer me that " all she (my daughter)has to do is apply for I-485 only, no more I-130 because she enter USA legally and that she obtain her I-94+EAD+SS, thats what she told me, I even get her ID# + name for future reference.

Anyways, guys thanks for your input you are soo resourceful people.

[Dakine 26]

glad to tell you that I just recieved my GC.

Sorry DON"T dance yet! Your daughter can't adust status since you are no longer a K3!

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

nothing like taking something out of context, see the IF statement

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

If it were me I would be more worried about when the USC step parent / step child relationship was created

OMG!! upon reading your post it seems like "from better to worst" , hummm...but yesterday I decided to call again uscis and the lady answer me that " all she (my daughter)has to do is apply for I-485 only, no more I-130 because she enter USA legally and that she obtain her I-94+EAD+SS, thats what she told me, I even get her ID# + name for future reference.

Anyways, guys thanks for your input you are soo resourceful people.

As I said! Hopefully I'm wrong. Also the nformation person is correct.

[Dakine 26]

I'd call again. And if you get the same answer, file ASAP.

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.