One at a time or togather?

[Vegabond 0]

Hi guys.

The time came to file ROC for my wife. Her GC expires in June. Her son came after her and his GC expires in December. He turned 21 last Summer. Do i file at the same time?. Or i have to wait till he is within 90 days of his GC expiration date.

Thanks

[Warren and Cindy 6]

Separate, due to the different expiry dates on the GC and him being 21 (Adult)

[Vegabond 0]

Thank You

[Gary and Alla 3,694]

Hi guys.

The time came to file ROC for my wife. Her GC expires in June. Her son came after her and his GC expires in December. He turned 21 last Summer. Do i file at the same time?. Or i have to wait till he is within 90 days of his GC expiration date.

Thanks

Because he did not come within 90 days he must file separately. When he files he will check the box that he is a child of an LPR and cannot file jointly. You then need to attach a separate sheet explaining WHY he did not file at the same time. No big deal but it is a requirement. You also need to attach documents to prove this. For our son I attached his K-2, Alla's K-1, Alla's AOS acceptance, Sergey's AOS acceptance, Alla's I-751 acceptance AND the letter we received from USCIS reminding us to re-new his green card. Very simple and we had no problems.

K-2 ROCs are usually very easy, particularly if your wife already has her ROC

Also attach

His tax returns (or yours if he is listed on yours)

Copy of his draft registration card (SSS)

Copy of his ID, drivers license, etc.

Copy of his bank statements (3 months)

Copy of his SS card

Copy of birth certificate w/translation

Copy of your marriage certificate

Copy of his mothers I-751 approval OR acceptance letter (wherever she is in the process at the time)

Copy of his green card, front and back

What you need to "prove" is that he is the son of your wife, his mother is married to you, his mother has had her conditions removed or is in the process of removing conditions, and that he is maintaining US residency and complying with the law regarding residents. That's it

Edited May 11, 2012 by Gary and Alla

[Vegabond 0]

Thanks Gary. Will get on board as soon as i file ROC