Calling all K-2 AOSers - past and present

[payxibka 10,044]

Jim, under 14s don't do full biometrics. My 11 year old did have her photo taken and her index fingerprints taken, and they were included on her EAD card that just turned up Saturday. When I get a moment, I'll try and find which set of instructions supports this information.

Correct, under 14's do NOT do full biometrics... For the initial I-485 they simply have the photo taken. If still under 14 when it is time to do ROC (if applicable), you pay a biometric fee, but no biometrics is performed. Then, when the child turns 14 you need to submit an I-90 (even though they have a still valid GC) to renew the greencard this time with full biometrics. Just went through this.

[JimVaPhuong 4,863]

Jim, under 14s don't do full biometrics. My 11 year old did have her photo taken and her index fingerprints taken, and they were included on her EAD card that just turned up Saturday. When I get a moment, I'll try and find which set of instructions supports this information.

Thanks. I didn't know that. My step-kids were both over 14, so I presume they did full biometrics. I didn't get to see the process up close as they made me stay in a waiting area at the far end of the room.

[SunDrop 59]

Correct, under 14's do NOT do full biometrics... For the initial I-485 they simply have the photo taken. If still under 14 when it is time to do ROC (if applicable), you pay a biometric fee, but no biometrics is performed. Then, when the child turns 14 you need to submit an I-90 (even though they have a still valid GC) to renew the greencard this time with full biometrics. Just went through this.

Does that mean you need to pay another fee for their post-14 10 year GC? Our interview is March 10th, which means we'll be ROCing mid -January 2013. My daughter will be 13 years, 3 months when we file our ROC, and obviously closer to her 14th when they process it. It would be a real pain if we have to pay another fee for a matter of a couple months.

[Nadiia and Eric 1]

SunDrop what I wanted to learn was how to put a link at the bottom of my signature for this topic. If you need to just email me how and then I can do it Thank You.

[Captain Ewok 1,857]

I have posted most the tips here and directed people reading it to this thread for more information . It is now on the guides page as well. Thank you Sundrop and team for the great work!!

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

[Nadiia and Eric 1]

Way to go SunDrop, it's good to see that your thread has become reality and now more people will see

[extremerecluse 32]

I'll add a few.

Affidavit of Support: K2's don't require their own separate I-864 with supporting documents (tax returns, etc). Make sure they are listed in section 9 of the K1's I-864, and provide a photocopy of the K1's I-864 with the K2's paperwork. You don't need to include copies of the supporting documents with the K2's paperwork. You won't get an RFE if you do happen to provide a separate I-864 with supporting docs for the K2. It's just not required.

Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. The Child Status Protection Act protects them from "aging out" as long as their AOS petition is accepted by USCIS before their 21st birthday. However, the CSPA only applies to K2's if the K1 marries the US citizen petitioner before the K2 turns 18. If the marriage occurs after the K2 is 18 then their AOS must be approved before the K2 turns 21.

This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out.

Derivative Status: A K2's status is entirely dependent on the K1's status. If the K1 doesn't marry the US citizen petitioner then neither the K1 nor the K2 can adjust status. If the K1's AOS is denied then the K2's AOS is automatically denied. K2's are conditional residents for the first two years, just like K1's. K2's need to apply for removal of conditions just like K1's. If a K1's removal of conditions is denied then the K2's is denied, as well.

There are some exceptions to the above. A K2 can't apply for US citizenship after three years, while a K1 who remains married to the US citizen can. A K2 has to wait five years, just like most other LPR's.

Once a K2 successfully removes conditions then their status is no longer dependent on the K1 parent's status.

Follow to Join: A qualifying child has a window of one year after the K1 visa is issued to obtain a K2 visa at a US consulate. If they don't obtain a K2 visa within that time then they are no longer eligible for a K2 visa. However, they may be eligible for an immediate relative or family based visa based on their relationship to the US citizen or the K1 parent.

If the US citizen and K1 marry before the child turns 18 then the US citizen can petition for the child. If the child is not married and under 21 years old then the US citizen can petition for an IR2 visa. If the child is not married and 21 or over then the US citizen can petition for an FB1 visa. If the child is married then the US citizen can petition for an FB3 visa.

If the US citizen and K1 marry after the child turns 18 then the K1 can petition for the child after the K1 gets their green card, as long as the child is not married. If the child is under 21 then the K1/LPR can petition for an FB2A visa. If the child is 21 or over then the K1/LPR can petition for an FB2B visa.

Biological children of a US citizen are not eligible: If the child is the biological child of a US citizen then they are not eligible for any type of visa to the US, nor are they eligible to obtain a green card, even if the child's US citizen parent is NOT the same US citizen who petitioned for the K1. The biological child of a US citizen has a claim to US citizenship, and must obtain a US passport rather than a visa to come to the US. A Consular Report of Birth Abroad (CRBA) must be filed with a US consulate to obtain a US passport for the child. The child's status will not be dependent in any way on the status of the K1 parent. They don't have to adjust status or remove conditions.

I thought a K2 can derive citizenship through K1 who is naturalized if they are under 18? That is what the N-600 states, I think?

[SunDrop 59]

I thought a K2 can derive citizenship through K1 who is naturalized if they are under 18? That is what the N-600 states, I think?

I thought remembering reading the same thing. I'll ask at interview in a couple of weeks, along with the whole 'nearly 14' ROC situation.

I have posted most the tips here and directed people reading it to this thread for more information . It is now on the guides page as well. Thank you Sundrop and team for the great work!!

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

Thank you! Was very excited to see this and am sure it will go to help a lot of people

[JimVaPhuong 4,863]

I thought a K2 can derive citizenship through K1 who is naturalized if they are under 18? That is what the N-600 states, I think?

Any child who is under 18, is present in the United States, and is the biological child of a US citizen automatically receives US citizenship. The sort of visa they used to enter is irrelevant.

[SunDrop 59]

I have a quick question about the AOS interview for your K-2s, for anyone who's been through it.

What documentation should we bring to assist her interview? Obviously I have everything for mine but what should/ could we bring for my daughter?

I've copied her last school report and the 3rd quarter update (I don't think we'll have her 3rd quarter report in time) and she's obviously listed as a dependent on my husband's health insurance. I have also got the custody agreement from her biological father. Anyone think of anything else?

Any child who is under 18, is present in the United States, and is the biological child of a US citizen automatically receives US citizenship. The sort of visa they used to enter is irrelevant.

But a biological child of a USC wouldn't have entered on a visa, they would have been forced to do a CRBA and apply for a US passport.

The question is in relation to the USC's stepchild.

[JimVaPhuong 4,863]

I have a quick question about the AOS interview for your K-2s, for anyone who's been through it.

What documentation should we bring to assist her interview? Obviously I have everything for mine but what should/ could we bring for my daughter?

I've copied her last school report and the 3rd quarter update (I don't think we'll have her 3rd quarter report in time) and she's obviously listed as a dependent on my husband's health insurance. I have also got the custody agreement from her biological father. Anyone think of anything else?

My step-kids are older, so maybe it's different. We just brought the mandatory documents, like birth certificates and passports, etc. Since a K2 derives status from their K1 parent there is no need to prove any relationship with the K1 petitioner.

But a biological child of a USC wouldn't have entered on a visa, they would have been forced to do a CRBA and apply for a US passport.

The question is in relation to the USC's stepchild.

He mentioned a K1 who naturalized. This implies the K1 was not a US citizen when the child was born and the child's other parent was not a US citizen, so the child would not be eligible for a CRBA if it was born abroad; i.e., no "birthright citizenship". However, once the K1 parent becomes a US citizen then the child could show up in the US with a tourist visa and receive US citizenship. The requirements are:

1. A biological parent who is a US citizen.

2. The child is under 18.

3. The child is physically present in the US, in the custody of their US citizen parent.

Many children acquire citizenship this way when their parents become naturalized citizens, though a lot of them were physically present in the US when their parents naturalized.

[extremerecluse 32]

My step-kids are older, so maybe it's different. We just brought the mandatory documents, like birth certificates and passports, etc. Since a K2 derives status from their K1 parent there is no need to prove any relationship with the K1 petitioner.

He mentioned a K1 who naturalized. This implies the K1 was not a US citizen when the child was born and the child's other parent was not a US citizen, so the child would not be eligible for a CRBA if it was born abroad; i.e., no "birthright citizenship". However, once the K1 parent becomes a US citizen then the child could show up in the US with a tourist visa and receive US citizenship. The requirements are:

1. A biological parent who is a US citizen.

2. The child is under 18.

3. The child is physically present in the US, in the custody of their US citizen parent.

Many children acquire citizenship this way when their parents become naturalized citizens, though a lot of them were physically present in the US when their parents naturalized.

So just for clarification, a K2 can become a USC if they are under 18 and there biological parent is naturalized.

[SunDrop 59]

So just for clarification, a K2 can become a USC if they are under 18 and there biological parent is naturalized.

That's my understanding, and they're resident in the US with said naturalized parent.

Ergo, the 5 year eligibility would be if the biological immigrant parent didn't naturalize after 3 years, or at all, then the K-2 child could naturalize after 5 on the grounds of 5 years continuous residency?

Edited March 9, 2011 by SunDrop

[Nadiia and Eric 1]

I did the same as Jim birth certificate and passport, I even brought his up to date immunizations she didn't need it but took it (never know if they would want proof later in our journey), it was actually nice having something that did not take much work K-2. I wish I could give you more information with a young K-2, but I have no experience there. I will really enjoy finding out more after your interview

[JimVaPhuong 4,863]

That's my understanding, and they're resident in the US with said naturalized parent.

Ergo, the 5 year eligibility would be if the biological immigrant parent didn't naturalize after 3 years, or at all, then the K-2 child could naturalize after 5 on the grounds of 5 years continuous residency?

Correct. Another possible scenario is if the children are over 18 when the K1 parent naturalizes, which will be the case with my step-children. They will not automatically become US citizens under any circumstances. They will be eligible for naturalization when they have been LPR's for five years.