AoS for child of K-1

[ascendant00 0]

Thanks to all the work and help from this site I have been able to put together what I believe to be a complete AoS package for my wife (here via K-1).

Now I need to assemble the AoS package for her son (4) and I am having trouble figuring out what documents I need for him.

Clearly some things will not be needed (marriage cert., I-765) but I am worried about sending things I do not need to and not including things I do need to.

Also, if my wife files with a I-765 work application but her son does not, will that mean that her sons application will take a lot longer to process?

Finally, is there anything special that should be done in our case because we are filling after the expiration of their visas? I did not know that the AoS should be filed prior to the expiration of the visas as I could find no government document that includes a time limit for the AoS application for K-1, only that we be married within 90 days, which we were.

Any help would be greatly appreciated.

Thank you

[Dakine 26]

Thanks to all the work and help from this site I have been able to put together what I believe to be a complete AoS package for my wife (here via K-1).

Now I need to assemble the AoS package for her son (4) and I am having trouble figuring out what documents I need for him.

Clearly some things will not be needed (marriage cert., I-765) but I am worried about sending things I do not need to and not including things I do need to.

Also, if my wife files with a I-765 work application but her son does not, will that mean that her sons application will take a lot longer to process?

Finally, is there anything special that should be done in our case because we are filling after the expiration of their visas? I did not know that the AoS should be filed prior to the expiration of the visas as I could find no government document that includes a time limit for the AoS application for K-1, only that we be married within 90 days, which we were.

Any help would be greatly appreciated.

Thank you

No need I-765 for the child unless you want a SS card for it.

NO problem filing late. LOTS of peeps do so. Be sure you file the I-693 for both

[marriedtomrg 140]

In your stepson's case you don't have to file an EAD for him...unless you want an SSN for him (as Dakine mentioned). My daughter was 10 when I tried to get her a SSN, but the local SSA office here refused to do so unless she had an approved EAD (silly requirement for a minor, if you ask me) or a green card.

Since the relationship you are establishing is a stepfather sponsoring a stepchild, aside from showing that you and his mother married when he was below 18 (which you have), you also need to include proof that the previous marriage with the boy's father and his mother, and any marriages you entered previously were terminated.

He doesn't need G-325A since he is below 14 years old. He only needs a photocopy of the I-864 affidavit of support (no supporting documents needed since they are already included in the I-864 of his mom).

All the other requirements that his mother will include, like the copy of the NOA2, his birth certificate, passport size pictures (2 for AOS, and 2 for AP if you will apply for it), photocopy of his passport bio page, photocopy of his I-94 (front and back), I-693, and I-131 (the AP, if you are applying for it) are the same.

Thanks to all the work and help from this site I have been able to put together what I believe to be a complete AoS package for my wife (here via K-1).

Now I need to assemble the AoS package for her son (4) and I am having trouble figuring out what documents I need for him.

Clearly some things will not be needed (marriage cert., I-765) but I am worried about sending things I do not need to and not including things I do need to.

Also, if my wife files with a I-765 work application but her son does not, will that mean that her sons application will take a lot longer to process?

Finally, is there anything special that should be done in our case because we are filling after the expiration of their visas? I did not know that the AoS should be filed prior to the expiration of the visas as I could find no government document that includes a time limit for the AoS application for K-1, only that we be married within 90 days, which we were.

Any help would be greatly appreciated.

Thank you

Edited October 4, 2010 by marriedtomrg

[ascendant00 0]

In your stepson's case you don't have to file an EAD for him...unless you want an SSN for him (as Dakine mentioned). My daughter was 10 when I tried to get her a SSN, but the local SSA office here refused to do so unless she had an approved EAD (silly requirement for a minor, if you ask me) or a green card.

Since the relationship you are establishing is a stepfather sponsoring a stepchild, aside from showing that you and his mother married when he was below 18 (which you have), you also need to include proof that the previous marriage with the boy's father and his mother, and any marriages you entered previously were terminated.

He doesn't need G-325A since he is below 14 years old. He only needs a photocopy of the I-864 affidavit of support (no supporting documents needed since they are already included in the I-864 of his mom).

All the other requirements that his mother will include, like the copy of the NOA2, his birth certificate, passport size pictures (2 for AOS, and 2 for AP if you will apply for it), photocopy of his passport bio page, photocopy of his I-94 (front and back), I-693, and I-131 (the AP, if you are applying for it) are the same.

Thank you very much! one question, what is AP? (Sorry, so many things to learn and know)

[marriedtomrg 140]

AP is Advanced Parole (I-131), if you guys are planning to visit someone/to vacation outside the U.S. while the adjustment of status (I-485) in process. Your wife and your stepson need AP to re-enter the U.S.

If they exit the U.S. without AP, the AOS application will be considered abandoned and you would have to bring them back using CR1 visas (which means starting the visa process all over again).

Edited October 4, 2010 by marriedtomrg

[ascendant00 0]

AP is Advanced Parole (I-131), if you guys are planning to visit someone/to vacation outside the U.S. while the adjustment of status (I-485) in process. Your wife and your stepson need AP to re-enter the U.S.

If they exit the U.S. without AP, the AOS application will be considered abandoned and you would have to bring them back using CR1 visas (which means starting the visa process all over again).

Right! Thank you. The only plans we have for travel outside the US is December 2011. What are the odds the process will be completed for both of them by then? Should I file an AP just in case?

[marriedtomrg 140]

Better to file it just in case, since AP and EAD fees are waived when filed concurrently with the AOS. USCIS currently estimates average processing times at 4 months, but some members have experienced waiting times longer than that.

Right! Thank you. The only plans we have for travel outside the US is December 2011. What are the odds the process will be completed for both of them by then? Should I file an AP just in case?

[ascendant00 0]

Better to file it just in case, since AP and EAD fees are waived when filed concurrently with the AOS. USCIS currently estimates average processing times at 4 months, but some members have experienced waiting times longer than that.

Thanks so much again.

Not to get too far off topic, but my wife was never married before but since she had a child with someone she was not married to she submitted a Certificate of Non-marriage as part of her interview. She does not have a copy of that record now (it is with the US Embassy in Manila) Is it likely that she will be asked to provide that as part of the AoS process?

[marriedtomrg 140]

Good question...I was married previously to my daughter's dad so we had that part covered (showed annulment papers and such). I am not entirely sure what you need to present if you were not previously married to the child's father.

Intuitively, I would think some kind of paperwork from the Department of Social Welfare and Development (DSWD) would help, but I don't know what else she would need...

You guys may want to post your new question at the Philippine regional forum. (Or try searching on the topic first because it may have been brought up before).

Thanks so much again.

Not to get too far off topic, but my wife was never married before but since she had a child with someone she was not married to she submitted a Certificate of Non-marriage as part of her interview. She does not have a copy of that record now (it is with the US Embassy in Manila) Is it likely that she will be asked to provide that as part of the AoS process?