Applying AOS for k2 separately with k1

[iamgemini18 0]

Hi everyone...

I just wanna ask your opinion about filing AOS for k2 separate as mine cant cause problem?

I wanna start to process my AOS first and maybe after 1 month for my kids since we are tight on financial right now and i wanted to get mind started so i can get employment authorization...

I urgently need to work...

So i wonder if i file my kids AOS 1 month later from filing mine... Is there any problems with that?

If i file k2 AOS will be approved as well as long as mine got approved? M just so confused with my situation... Please gimme some idea about this query... Thank you very much...

Will be happy to hear from u...

[Ian H. 207]

Hi,

According to what I have read on other threads, there is no time limit for the child to do AOS. It used to be that they had to do AOS before turning 21, but apparently that is no longer the case.

The only benefit of applying at the same time as you is that the fee is about half of the regular cost ($635) compared to the full $1070 if filed separately. This reduced fee only applies if your child is 13 or younger, otherwise the full fee would apply regardless of when the AOS is submitted.

Also, I understand that you want to submit it in a month because you want to work first, keep in mind that the EAD can take anywhere from 45 to 90 days to be approved and received. You cannot begin working before you have the EAD in your hand.

So you can submit the AOS for your child at any time so there is no need to be concerned about it now. Just in case you aren't aware, the EAD and AP applications are free with the submission of the AOS for both you and your child. Good luck.

Edited September 21, 2014 by Ian H.

[Pitaya 2,576]

I would suggest that you start the AOS process for the K2s as soon as possible. K2s cannot obtain a Social Security Number (SSN) until they have either an Employment Authorization Document (EAD) or their conditional 2-year Green Card (GC). This may pose some issues for the children with local/state jurisdictions/requirements and school districts (requirements vary). As previously mentioned, the fees for K2 children are reduced (depending on the age of the child). Waiting until later to file K2s AOS also likely doubles the number of trips and time to go to USCIS offices for appointments (including biometrics, again depending on child's age).

Additionally, there are no additional fees for EAD and Advanced Parole (AP) if the applications are concurrently filed with the AOS application (this applies to both K1s and K2s). See the link for specific details.

http://www.uscis.gov/i-485

Good luck on your immigration journey.

[mik2012 17]

You can always apply for an ITIN for the K2 until they become eligible for the GC or work authorization.

My wife and oldest step daughter applied for there gc and received it. We will file for the other 3 this coming Feb when the tax return comes. When we went to the USCIS they just wanted to verify that the 3 others were still in the states. The officer stated she sees that a lot when money is tight. Since the next oldest is only 15 she said there was no real rush. She did write they were approved pending there paperwork.

[Ian H. 207]

Keep in mind that children have to be LPR's or USC's in order to receive certain credits, like the EIC for example.

[iamgemini18 0]

Thank you so much for the respond...

Thanks Ian H.

My kids are minor age... 3-&5 yr old...

So if i apply aos for myself next week and apply them after one month i applied mine... Whats gonna happen? As i learned child 13 y/o under dont need for a biometric finger print... It means

Im only gonna pay 635 each of them as they were below 13 y/o... I wonder if i apply EAD and AP for them will be free as well...

Also i have other concern...

I applied for a drivers license...

But my instruction permit valid til novermber only as based on my I-94...

The dmv required a proof of residence before they comple my drivers license application...

Since we are going to file next week... And EAD takes 45 to 3mons before granted and received...

Can i show to the dmv my marriage cert or a receipt of an AOS application?

I wonder if this will help while waiting my green card...

Thank you so much...

Your reapond will be so much appreciated..

[Ian H. 207]

Hi,

You won't have an issue if you file their AOS after yours. However, the reduced fee only applies if you submit their AOS with yours. If you submit them separately, you will have to pay the full fee. They also aren't required to do biometrics because they are under 14. The EAD/AP would still be free because they are doing AOS so you should get those since they are convenient to have. They won't be fingerprinted, but they would still have to have a biometrics appt for the picture.

The NOA1 serves as proof of your legal status per the pending AOS, however some DMV reps are clueless and may give you a hard time. The EAD also serves as proof of status for the DMV. If they don't accept it, ask to see a supervisor. If the supervisor also says no, go to whoever is higher and complain.

Edited October 2, 2014 by Ian H.

[iamgemini18 0]

Hi thanks for your respond...

So you mean i have to pay 935 each of my kids then since i am applying theirs separate as mine? Hmmmmm

M just confused as i read USIC site that children under 13year old fee only 635

[Ian H. 207]

The fee is $985 for each child, the reduced fee is only if they are submitted together with your AOS.

Hi thanks for your respond...

So you mean i have to pay 935 each of my kids then since i am applying theirs separate as mine? Hmmmmm

M just confused as i read USIC site that children under 13year old fee only 635

[KayDeeCee 4,891]

Hi thanks for your respond...

So you mean i have to pay 935 each of my kids then since i am applying theirs separate as mine? Hmmmmm

M just confused as i read USIC site that children under 13year old fee only 635

It is only $635 if you file their I-485 forms at the same time as you file yours. If you file for them after you have already submitted your own, then you must pay $985 for each of them instead. Filing for them at the same time as you will save you $700.

http://www.uscis.gov/i-485

• 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.

[Pitaya 2,576]

~attempted thread hijack moved to new thread~

~rather than try to revive an old thread, start a new one~

Pitaya

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