k2 related question for AOS and last name concern

[vmendioro 0]

Hi everyone!I enetered the u.s. With my k2 (2 yr old son) on oct. 30. But his surname is my maiden's last name which is Alameda. And now i am married i am filling out the forms for AOS with my husband's last name.

Question is reg. My k2's last name. Should we process adoption first before filing his AOS?

Also, just to clarify if we will be filing

AOS,ead and ap for me and k2 there wont be any fee for ead and ap am i right?

My husband called.uscis and the personnel states that there is a separate fee, that's why im confused.

Any insights and help is greatly appreciated thank u

Date of entry: oct. 30 2014

Date of marriage: nov. 15 2014

Edited January 9, 2015 by vmendioro

[Scott & Annie 19]

Question is reg. My k2's last name. Should we process adoption first before filing his AOS?

No need to do that. File your son's AOS in his legal name, that matches his birth certicate (your maiden name in this case).

Also, just to clarify if we will be filing AOS,ead and ap for me and k2 there wont be any fee for ead and ap am i right?

That's correct. No fee for EAD or AP when filed with AOS.

My husband called.uscis and the personnel states that there is a separate fee, that's why im confused.

Seperate fee for EAD and AP, if not filed with/while your AOS is processing.

We had no problems processing my daughters's (stepdaughter) AOS/EAD/AP using her given surmane which was also my wife's maiden name.

[Pitaya 2,576]

Question is reg. My k2's last name. Should we process adoption first before filing his AOS?

No need to do that. File your son's AOS in his legal name, that matches his birth certicate (your maiden name in this case).

Also, just to clarify if we will be filing AOS,ead and ap for me and k2 there wont be any fee for ead and ap am i right?

That's correct. No fee for EAD or AP when filed with AOS.

My husband called.uscis and the personnel states that there is a separate fee, that's why im confused.

Seperate fee for EAD and AP, if not filed with/while your AOS is processing.

We had no problems processing my daughters's (stepdaughter) AOS/EAD/AP using her given surmane which was also my wife's maiden name.

A point of clarification. The K1 parent AOS filing fee (with concurrent EAD/AP applications) will be $1070. The K2 AOS filing fee (with concurrent EAD/AP applications) depends on the age of the K2, and if filing at the same time of the K1 parent. See schedule attached for age-specific fee: http://www.uscis.gov/i-485 Each person must have their own individual AOS/EAD/AP filing forms/applications packet.

Good luck on your immigration journey.

[vmendioro 0]

Question is reg. My k2's last name. Should we process adoption first before filing his AOS?

No need to do that. File your son's AOS in his legal name, that matches his birth certicate (your maiden name in this case).

Also, just to clarify if we will be filing AOS,ead and ap for me and k2 there wont be any fee for ead and ap am i right?

That's correct. No fee for EAD or AP when filed with AOS.

My husband called.uscis and the personnel states that there is a separate fee, that's why im confused.

Seperate fee for EAD and AP, if not filed with/while your AOS is processing.

We had no problems processing my daughters's (stepdaughter) AOS/EAD/AP using her given surmane which was also my wife's maiden name.

Oh thank u so much for the reply. I appreciate it.

Another question though, if we want to change my son's last name to my husband's after filing the aos and before the age he goes to school is it still okay? Or his greencard will have a diff. name?

If I may ask, did u change your daughter's lastname too later on?

[vmendioro 0]

@AB

I read the link. Thank you so much for that.

We will be applying our aos together and my son is 2 yrs old. I saw the fees as well.

Maybe when my husband talked with uscis. The uscis rep. Meant that there's a fee if it is filed seperately.

[Pitaya 2,576]

You are welcome.

When we were doing my stepson's (K2) AOS we scrounged around and found some other good sources of info regarding K2 visa and AOS (and beyond). You may also find them useful:

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

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

Good luck on your immigration journey.

[KayDeeCee 4,891]

@AB

I read the link. Thank you so much for that.

We will be applying our aos together and my son is 2 yrs old. I saw the fees as well.

Maybe when my husband talked with uscis. The uscis rep. Meant that there's a fee if it is filed seperately.

Perhaps they did. The USCIS call center gives out a lot of misinformation.

There is no fee for the I-765 or I-131 forms when filed with a pending I-485, and the age of the applicant has no bearing on that. Pay the correct fees for the I-485 for the K-1 and the K-2, and no need to add anything extra for the EAD and AP forms for either.

[Scott & Annie 19]

Oh thank u so much for the reply. I appreciate it.

Another question though, if we want to change my son's last name to my husband's after filing the aos and before the age he goes to school is it still okay? Or his greencard will have a diff. name?

If I may ask, did u change your daughter's lastname too later on?

You would need some type of court order to change your son's name to your husband's surname. Typically this would be done through adoption.

If your husband adopts your son, then he would be eligable for citizenship, so the issue with the last name on the greencard would not exist.

I have not adopted my stepdaughter yet, but we are trying to do this in 2015. They just recieved their 10 year cards a couple of months ago.