A couple AOS questions

[Yuriy 0]

A few questions about filing AOS:

1. The i-485 Part 5 asks that the applicant either read and understand each question in English or have each question interpreted to him so that he understands it. What if the applicant is a child? He obviously would not be able to understand half the questions on the form. How do I handle this? Is another form required?

2. Payment: I am filling out the form for a K-1 and her son. What do I have/need to do to make sure they fall under the “filing with the application of one parent” category that gives a discount for the application from $930 to $600. Can I pay by two separate checks in two separate envelopes mailed together in one big envelope?

3. Name change: we got married on Friday and she took my name. I have seen several places state that I can go ahead and start listing her new name on the application without much risk of problems—they will be able to establish her old name from section 3A, just want to confirm that that is right?

4. "Statuses" In one place the form asks for current USCIS status, in another "In what status did you enter?" What would be the right answers to those questions for a K-1? For a K-2?

Thanks to everybody who can help!

Edited June 1, 2010 by Yuriy

[payxibka 10,044]

A few questions about filing AOS:

1. The i-485 Part 5 asks that the applicant either read and understand each question in English or have each question interpreted to him so that he understands it. What if the applicant is a child? He obviously would not be able to understand half the questions on the form. How do I handle this? Is another form required?

2. Payment: I am filling out the form for a K-1 and her son. What do I have/need to do to make sure they fall under the “filing with the application of one parent” category that gives a discount for the application from $930 to $600. Can I pay by two separate checks in two separate envelopes mailed together in one big envelope?

3. Name change: we got married on Friday and she took my name. I have seen several places state that I can go ahead and start listing her new name on the application without much risk of problems—they will be able to establish her old name from section 3A, just want to confirm that that is right?

4. "Statuses" In one place the form asks for current USCIS status, in another "In what status did you enter?" What would be the right answers to those questions for a K-1? For a K-2?

Thanks to everybody who can help!

1) No special form, I assume mom will sign on behalf of the child

2) Two applications, two fee payments, ONE mailing envelope. Do not forget to include $80 for biometrics for the K-1 (total fee $1010)

3) Yes

4) K-1, K-2

[JimVaPhuong 4,863]

2. Payment: I am filling out the form for a K-1 and her son. What do I have/need to do to make sure they fall under the “filing with the application of one parent” category that gives a discount for the application from $930 to $600. Can I pay by two separate checks in two separate envelopes mailed together in one big envelope?

Payxibka covered this, but I thought it was an interesting point. The instructions cite section 201(b)(A)(i) of the INA (should actually read 201(b)(2)(A)(i), since there is no section 201(b)(A)(i)). That section applies to "immediate relatives" of US citizens. Although the child entered as the derivative of a K1 fiancee, it became an immediate relative stepchild when the K1 fiancee and US citizen were married. Theoretically, 201(b)(A)(i) should apply. According to the instructions, the child's application should be eligible for the discount if the child is under 14, and if it's filed concurrently with the K1 parent's application.

I could be completely wrong about this, and I'm sure it's been discussed here before, but it appears from the text that the child would qualify for the discount. I'm sure someone will correct me if I'm wrong.

Yes, you can pay with two different checks. In most cases, it's probably recommended that you pay with two different checks. If you pay with one check, and one application is rejected before accepting payment for whatever reason, then the check and BOTH applications will be returned to you. However, in your case this might be what you'd want. If the mother's application is rejected before acceptance of payment then the child's application will be denied, even if the payment is processed, because the child cannot adjust status before the parent. If the child's application is rejected, and the mother's application is processed, then the child is no longer applying concurrently with the mother, which presumably would change the fee. Maybe it would be better to pay with one check to ensure that both applications are either accepted or returned.

Again, I haven't studied this thoroughly. I'm just reading the forms, instructions, and relevant laws. If I'm wrong then someone will correct me.