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Carlos689

Questions regarding adjustment of status for K/3 K/4

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Filed: K-3 Visa Country: Philippines
Timeline

My wife and step son have been in the country since June 8, 2005. We have not yet filed for adjustment of status and are about to do so. We would like to know if we are required also to complete the I-130 process. After receiving the Noa2 we took to further action on my wife's I-130 because we had made the decision for her to enter on the k/3. It is my understanding that we need to take no further action on her I-130 and simply file I-485 for both her and my son as well as an I-130 for my son.

Further we will be pursuing EAD for my wife. Can we obtain a social security number for our 8 year old son without an EAD? Also, will children of his age require a separate I-485. Are biometric fees to be included with the 485.

Thanks,

Carlos and Judy

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Filed: Timeline
Can we obtain a social security number for our 8 year old son without an EAD? Also, will children of his age require a separate I-485. Are biometric fees to be included with the 485.

The K-4 also needs an EAD card to be assigned a work authorized SSN. I would just apply for the ITIN from IRS to use for tax purposes until the child's I-485 is approved and the child is issed an I-551 stamp or card. Just be sure to notify IRS after the child is assigned an SSN if the child is issued an ITIN.

Everyone adjusting status needs to file a I-485 and I-864. Children under age 14 don't need to submit the G-325 or the biometrics fee and the I-485 filing fee is reduced. The biometrics fee is an additional $70.00 above the I-485 filing fee.

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Filed: K-3 Visa Country: Philippines
Timeline

Can we obtain a social security number for our 8 year old son without an EAD? Also, will children of his age require a separate I-485. Are biometric fees to be included with the 485.

The K-4 also needs an EAD card to be assigned a work authorized SSN. I would just apply for the ITIN from IRS to use for tax purposes until the child's I-485 is approved and the child is issed an I-551 stamp or card. Just be sure to notify IRS after the child is assigned an SSN if the child is issued an ITIN.

Everyone adjusting status needs to file a I-485 and I-864. Children under age 14 don't need to submit the G-325 or the biometrics fee and the I-485 filing fee is reduced. The biometrics fee is an additional $70.00 above the I-485 filing fee.

Thank you, this is very helpful.

Carlos and Judy

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Filed: Timeline

Carlos,

Has the I-130 for your wife been approved? And if so have you received anything from the DoS National Visa Center? And if so how did you respond to the NVC?

I'm not sure what you mean by "complete the I-130 process", because the phrase can mean different things to different people, but that I-130 is essential to your wife's adjustment of status. You can't just ignore what happens to it.

Yodrak

My wife and step son have been in the country since June 8, 2005. We have not yet filed for adjustment of status and are about to do so. We would like to know if we are required also to complete the I-130 process. After receiving the Noa2 we took to further action on my wife's I-130 because we had made the decision for her to enter on the k/3. It is my understanding that we need to take no further action on her I-130 and simply file I-485 for both her and my son as well as an I-130 for my son.

Further we will be pursuing EAD for my wife. Can we obtain a social security number for our 8 year old son without an EAD? Also, will children of his age require a separate I-485. Are biometric fees to be included with the 485.

Thanks,

Carlos and Judy

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Filed: K-3 Visa Country: Philippines
Timeline

Can we obtain a social security number for our 8 year old son without an EAD? Also, will children of his age require a separate I-485. Are biometric fees to be included with the 485.

The K-4 also needs an EAD card to be assigned a work authorized SSN. I would just apply for the ITIN from IRS to use for tax purposes until the child's I-485 is approved and the child is issed an I-551 stamp or card. Just be sure to notify IRS after the child is assigned an SSN if the child is issued an ITIN.

Everyone adjusting status needs to file a I-485 and I-864. Children under age 14 don't need to submit the G-325 or the biometrics fee and the I-485 filing fee is reduced. The biometrics fee is an additional $70.00 above the I-485 filing fee.

Thank you, this is very helpful.

Carlos and Judy

[The K-4 also needs an EAD card to be assigned a work authorized SSN. I would just apply for the ITIN from IRS to use for tax purposes until the child's I-485 is approved and the child is issed an I-551 stamp or card. Just be sure to notify IRS after the child is assigned an SSN if the child is issued an ITIN.

Everyone adjusting status needs to file a I-485 and I-864. Children under age 14 don't need to submit the G-325 or the biometrics fee and the I-485 filing fee is reduced. The biometrics fee is an additional $70.00 above the I-485 filing fee.

Thank you, this is very helpful.

Carlos and Judy

Yodrak:

The I-130 for Judy was approved. We did not response further to the NVC because we believed we could just file an adjustment of status based upon the K-3 which is how she entered the country. Were we wrong and if so what shall we do now?

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Filed: Country: Canada
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Can we obtain a social security number for our 8 year old son without an EAD? Also, will children of his age require a separate I-485. Are biometric fees to be included with the 485.

The K-4 also needs an EAD card to be assigned a work authorized SSN. I would just apply for the ITIN from IRS to use for tax purposes until the child's I-485 is approved and the child is issed an I-551 stamp or card. Just be sure to notify IRS after the child is assigned an SSN if the child is issued an ITIN.

Everyone adjusting status needs to file a I-485 and I-864. Children under age 14 don't need to submit the G-325 or the biometrics fee and the I-485 filing fee is reduced. The biometrics fee is an additional $70.00 above the I-485 filing fee.

Thank you, this is very helpful.

Carlos and Judy

[The K-4 also needs an EAD card to be assigned a work authorized SSN. I would just apply for the ITIN from IRS to use for tax purposes until the child's I-485 is approved and the child is issed an I-551 stamp or card. Just be sure to notify IRS after the child is assigned an SSN if the child is issued an ITIN.

Everyone adjusting status needs to file a I-485 and I-864. Children under age 14 don't need to submit the G-325 or the biometrics fee and the I-485 filing fee is reduced. The biometrics fee is an additional $70.00 above the I-485 filing fee.

Thank you, this is very helpful.

Carlos and Judy

Yodrak:

The I-130 for Judy was approved. We did not response further to the NVC because we believed we could just file an adjustment of status based upon the K-3 which is how she entered the country. Were we wrong and if so what shall we do now?

If you go something from the NVC, then the NVC still has your file. You need to send a note to them stating that you will be filing an I-485 and to have the file transferred back to the USCIS. This is very important...


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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