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My soon-to-be 22 step-daughter arrived with her mother on a K-2 visa. When it came time for AOS interview she was out of the country visiting her family so she invterviewed and received her GC about 2 months after her mother. In the FAQs it says that since she arrived on a K-2 Visa I can include her on my wife's ROC when my wife becomes eligible. But when we had our AOS interview, the IO alluded that we would need to file seperately.

So what are my options here?

1) Include my step-daughter on my wife's 90 day benchmark?

2) Wait until my step-daughter's 90 day benchmark and file for both?

3) File seperately?

Constructive answers only please.

TIA,

Dave

Filed: Citizen (apr) Country: Ukraine
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Posted

My soon-to-be 22 step-daughter arrived with her mother on a K-2 visa. When it came time for AOS interview she was out of the country visiting her family so she invterviewed and received her GC about 2 months after her mother. In the FAQs it says that since she arrived on a K-2 Visa I can include her on my wife's ROC when my wife becomes eligible. But when we had our AOS interview, the IO alluded that we would need to file seperately.

So what are my options here?

1) Include my step-daughter on my wife's 90 day benchmark?

2) Wait until my step-daughter's 90 day benchmark and file for both?

3) File seperately?

Constructive answers only please.

TIA,

Dave

You are required to file the I-751 "within 90 days" of the expiration of the 2 year green card. If your daughters 90 days begins while yours wife's 90 days is still valid, then file for them BOTH together 90 days before your daughters card expires. Your wife will still have a month left on hers.

We filed for Alla amd Pasha together annd paid ONE petition fee plus TWO biometrics fees. Sergey is 10 months behind Alla and Pasha so we just filed for him separately. As long as BOTH are eligible to file for RoC at the same time...do it!

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

 
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