K-2 AOS Questions

[Rod.Arnett 0]

I have a couple questions about the AOS for my 3 kids that followed their mother here on a K-2 Visa. Some background first...

Obviously, my wife came to the US on a K-1 Visa in Nov '09. We got married in December and by June '10 she had her green card. The kids arrived in October on a K-2 Visa and now I'm attempting to file an AOS for them by mid January (that's my deadline). I talked to the USCIS before the kids arrived and they told me each child would require the same 3 documents--I485, I693 and I864. They even gave me a one page printout and circled those three documents as all I'd need, so I'm confident that information is accurate and I've got the right documents. The I693 docs are completed and sealed. My research indicates I can attach the I864 docs from my wife's K-1 AOS and I won't need to repeat that step. But I have a couple questions about the I485 and fees.

1) I'm assuming the fee is $985 for each child (all under 14 btw) because my wife already did an AOS earlier this year, and not the $635 fee for filing an AOS with the parent? However, the instructions say, "The fee is $985 only (no biometrics fee required) for applicants under 14 years of age who submit form I-485 independent from other family members." But I'm filing for 3 kids at once and I'm wondering if I should only pay $635? Not trying to be cheap, just want to make sure I send the correct amount. I don't know if they reject over payments like under payments or not.

2) Do I sign the I485 application for the kids, or does my wife? I'm assuming it's me since I'm the original petitioner/sponsor, and the kids are too young to do it (one is only 5). Do we just sign their names for them? I see Part 6 is for the preparer, but it's Part 5 that has me wondering who/what to sign.

Thank God for sites like this because the USCIS sure isn't much help. You'd think K2 visas would be relatively common, but it's amazing how difficult it is to find information. Thanks in advance!

[JimVaPhuong 4,863]

1) I'm assuming the fee is $985 for each child (all under 14 btw) because my wife already did an AOS earlier this year, and not the $635 fee for filing an AOS with the parent? However, the instructions say, "The fee is $985 only (no biometrics fee required) for applicants under 14 years of age who submit form I-485 independent from other family members." But I'm filing for 3 kids at once and I'm wondering if I should only pay $635? Not trying to be cheap, just want to make sure I send the correct amount. I don't know if they reject over payments like under payments or not.

Read the next paragraph in the instructions. The lower fee is only if the I-485 is "submitted with the application of a parent under section 201(b)(A)(i), 203(a)(2)(A), and 203(d) of the INA". These references have to do with which section of the INA the parent's I-485 was submitted. Section 201 is immediate relatives of a US citizen, which is what a K1 becomes when they marry. Section 203 is family based visas.

In other words, you get the lower fee only if the K2's I-485 is submitted concurrently (in the same package) as the K1's I-485. Presumably, the reason for this is that some of the processing doesn't need to be duplicated if both are processed into the system at the same time. If you don't file concurrently then you pay full fees (minus biometrics).

2) Do I sign the I485 application for the kids, or does my wife? I'm assuming it's me since I'm the original petitioner/sponsor, and the kids are too young to do it (one is only 5). Do we just sign their names for them? I see Part 6 is for the preparer, but it's Part 5 that has me wondering who/what to sign.

Either one of you can sign it. You married before the children were 18, so you are also their parent under US immigration law. It's not about who was the petitioner, but who has the lawful authority to sign on behalf of the children. Both of you have this authority.

[marriedtomrg 141]

I have a couple questions about the AOS for my 3 kids that followed their mother here on a K-2 Visa. Some background first...

Obviously, my wife came to the US on a K-1 Visa in Nov '09. We got married in December and by June '10 she had her green card. The kids arrived in October on a K-2 Visa and now I'm attempting to file an AOS for them by mid January (that's my deadline). I talked to the USCIS before the kids arrived and they told me each child would require the same 3 documents--I485, I693 and I864. They even gave me a one page printout and circled those three documents as all I'd need, so I'm confident that information is accurate and I've got the right documents. The I693 docs are completed and sealed. My research indicates I can attach the I864 docs from my wife's K-1 AOS and I won't need to repeat that step. But I have a couple questions about the I485 and fees.

1) I'm assuming the fee is $985 for each child (all under 14 btw) because my wife already did an AOS earlier this year, and not the $635 fee for filing an AOS with the parent? However, the instructions say, "The fee is $985 only (no biometrics fee required) for applicants under 14 years of age who submit form I-485 independent from other family members." But I'm filing for 3 kids at once and I'm wondering if I should only pay $635? Not trying to be cheap, just want to make sure I send the correct amount. I don't know if they reject over payments like under payments or not.

On the USCIS website:

For applicants under 14 years of age:

• Filing with the I-485 application of at least one parent have a fee total of $635;

• Not filing with the I-485 application of at least one parent have a fee total of $985.

So it's $985 x 3 children = $2,955

2) Do I sign the I485 application for the kids, or does my wife? I'm assuming it's me since I'm the original petitioner/sponsor, and the kids are too young to do it (one is only 5). Do we just sign their names for them? I see Part 6 is for the preparer, but it's Part 5 that has me wondering who/what to sign.

I'd suggest their mother would sign, both in 5 and 6. She would write her name in print then put in parenthesis (Mother), and sign above it.

I signed for my daughter (she is 11 years old), in Part 6, the provision where it asks for the Firm's Name and Address, I put:

Not Applicable, Person Preparing this form is the Mother of the Applicant

Thank God for sites like this because the USCIS sure isn't much help. You'd think K2 visas would be relatively common, but it's amazing how difficult it is to find information. Thanks in advance!

Edited December 20, 2010 by marriedtomrg

[YuAndDan 153]

For applicants under 14 years of age:

• Filing with the I-485 application of at least one parent have a fee total of $635;
  
• Not filing with the I-485 application of at least one parent have a fee total of $985.
  

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

They are not being filed with K-1 parent so is $985 each.

If costs were an issue, you would have saved a LOT of $$ by doing a CR-1 and CR-2 visas for children, by by marrying first and applying for spouse and step children visas.

You sign using your name or spouse can sign, and note "on behalf of (name)"

[Rod.Arnett 0]

Thanks to each of you for the quick replies. The fact that you choose to take some of your time to help people and answer questions is greatly appreciated. You've been a huge help and that can't be overstated.