Question on AOS

[batallion9 50]

K1 visa. Getting married Oct 12. My question is about daughter of my fiance. Do I need to file seperate forms for her or does she come under her mother forms for AOS. Daughter is 11 and is here with us. Can someone explain to me the process for children.

[Pitaya 2,576]

(accessible at the top of the forum page). In particular, the K-2 AOS Tips:

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

Additionally, there is more great information available at the pinned thread at the top of the forum page, "Calling all K-2 AOSers….":

http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

It can get expensive, we had to fork over $2140 for my wife and then-19 y.o. stepson for their AOS processing. Yours may be less, be sure to check the age breaks.

Good luck on your immigration journey.

Edited September 25, 2013 by A&B

[Gary and Alla 3,694]

K1 visa. Getting married Oct 12. My question is about daughter of my fiance. Do I need to file seperate forms for her or does she come under her mother forms for AOS. Daughter is 11 and is here with us. Can someone explain to me the process for children.

Sure. I did it for two children in addition to my wife.

Each person files separately (you can put all the applications in one envelope) but there are separate applications, I-864s and FEES for each. A child under age 14 wo file at the same time as the parent gets a reduced rate. At the time we did it the fee for a child under 14 was $600 as opposed to $1080. Children under 14 do not pay a biometrics fee. Children are derivitive of their benefits which means they WILL be granted (or denied) the same benefot as the parents but cannot do it before the parent does. They CAN do it simultaeneously.

So you will complete TWO I-485s, TWO I-864s, and all the necessary attacments and mail then with the appropriate fees. You CAN write one check for everything if you send it together. An 11 year olde probably does not need an EAD, but you can file for an AP. Why not? Its free.

For the Removal of Condtitions you can file ONE I-751 petition and TWO biometrics fees and save a little money there. Also since her daughter will be under age 19 when the parent becomes a citizen, she will automatically be granted citizenship when the parent is. That is a BIG savings.

[KayDeeCee 4,892]

K1 visa. Getting married Oct 12. My question is about daughter of my fiance. Do I need to file seperate forms for her or does she come under her mother forms for AOS. Daughter is 11 and is here with us. Can someone explain to me the process for children.

They need their own separate AOS forms. When they get their EAD, you can get them their SSN with that, See the fees here > http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You do not need a separate I-864. The K-2 is a derivative of the K-1 and therefore the child can be listed in Part 3 #2 of the form. On Part 3 #7 you would put 2 and so in Part 5 #1 for household size, you would also enter 2.. Only those that had an entirely separate petition filed for them would nee a separate I-864. See Page 3, Part 3 #2 Family Members in the I-864 instructions > http://www.uscis.gov/files/form/i-864instr.pdf

[batallion9 50]

• (accessible at the top of the forum page). In particular, the K-2 AOS Tips:

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

  Additionally, there is more great information available at the pinned thread at the top of the forum page, "Calling all K-2 AOSers….":

  http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

  It can get expensive, we had to fork over $2140 for my wife and then-19 y.o. stepson for their AOS processing. Yours may be less, be sure to check the age breaks.

  Good luck on your immigration journey.

  Sure. I did it for two children in addition to my wife.

  Each person files separately (you can put all the applications in one envelope) but there are separate applications, I-864s and FEES for each. A child under age 14 wo file at the same time as the parent gets a reduced rate. At the time we did it the fee for a child under 14 was $600 as opposed to $1080. Children under 14 do not pay a biometrics fee. Children are derivitive of their benefits which means they WILL be granted (or denied) the same benefot as the parents but cannot do it before the parent does. They CAN do it simultaeneously.

  So you will complete TWO I-485s, TWO I-864s, and all the necessary attacments and mail then with the appropriate fees. You CAN write one check for everything if you send it together. An 11 year olde probably does not need an EAD, but you can file for an AP. Why not? Its free.

  For the Removal of Condtitions you can file ONE I-751 petition and TWO biometrics fees and save a little money there. Also since her daughter will be under age 19 when the parent becomes a citizen, she will automatically be granted citizenship when the parent is. That is a BIG savings.

  They need their own separate AOS forms. When they get their EAD, you can get them their SSN with that, See the fees here > http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

  You do not need a separate I-864. The K-2 is a derivative of the K-1 and therefore the child can be listed in Part 3 #2 of the form. On Part 3 #7 you would put 2 and so in Part 5 #1 for household size, you would also enter 2.. Only those that had an entirely separate petition filed for them would nee a separate I-864. See Page 3, Part 3 #2 Family Members in the I-864 instructions > http://www.uscis.gov/files/form/i-864instr.pdf

  Thank you so much. I appreciate the info!!! If I may ask 2 more questions please?
• 1. Do we use her last name ( Ukrainian) on forms or do we use her new last name ( my last name) ?
• 2 AT POE they gave her vaccination records for her daughter, but did NOT give my fiancé any medical records of herself. Is this a problem?

[KayDeeCee 4,892]

• Thank you so much. I appreciate the info!!! If I may ask 2 more questions please?
• 1. Do we use her last name ( Ukrainian) on forms or do we use her new last name ( my last name) ?
• 2 AT POE they gave her vaccination records for her daughter, but did NOT give my fiancé any medical records of herself. Is this a problem?

If she is going to take your last name when you marry, then she needs to use her married name on all the AOS forms. There will be places that ask for maiden/other names used, and that is where her name before marriage would be listed.

Does she not have a copy of her DS-3025 given to her at the K-1 medical? Al the required vaccinations had to have been done by then and marked off on the DS-3025. She would need to know for sure that she had them all and that the DS-3025 was filled out correctly, otherwise, she needs to see a civil surgeon for an I-693 > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232