K2 follow to join advice for I-485, AP, and I-864

[gursha 9]

My husband entered the US on December 20, 2014 on a K-1 visa. We were married March 16, 2015 and are completing the AOS I-485 Package. I listed my husband's 5 year old son on my 1-129F; he will be a follow-to-join K2. Our intended plan is for my husband to return to Ethiopia in May and bring his son back to the US before June 9 when his son's medical forms will expire (the US Embassy in Addis said the medical was valid for 6 months). His son is with the grandparents in a rural location, so travel within Ethiopia will take a long time.

• We have listed the child in Part 3B of I-485
• I have listed the child in Part 3 question 2 of I-864 as the form states "I am sponsoring the following family members immigrating at the same time or within 6 months of the principal immigrant named in part 2"
• We will file the AP form to request permission for my husband to return to Ethiopia in May for his son

Please help us with the following questions:

1. The instructions of the I-485 state "if the child is residing abroad, the person adjusting status should file a Form I-824. together with the Principal's Form I-485" Should we file a Form I-824 for a K2 follow to join based on a K-1 petition? If so, do we check "c" in Part 2 "Reason for the Request"? How do we complete Part 3 which asks for the form number, receipt, approval date etc. when we are supposed to file these at the same time?

2. I have read several entries on this forum that suggest AP processing takes approximately 90 days, which would run past the June 9 deadline for the validity of the medical exam. Is there anyway to speed up this process? We do not want to subject my husband's son to another medical exam as it was terrifying for his son the first time.

3. Am I correct in listing the child on the I-864? Are the 6 months calculated from date of entry to the US? If the AP takes 90 days, we may exceed the 6 months.

Thank you so much in advance.

[aleful 1,905]

hi

no, because he will adjust status in the US just like your husband when he enters the country,

you won't be sending the AOS packet until he is physically present in the US, so no i824

[gursha 9]

Thank you, but I would like to clarify that we are preparing the AOS for my husband not his son. The instructions of the I-485 state "if the child is residing abroad, the person adjusting status should file a Form I-824. together with the Principal's Form I-485" Should we file a Form I-824 for a K2 follow to join based on a K-1 petition?

[aaron2020 11,651]

Hi,

They can not adjust together under your plan.

In order for husband to travel to Ethiopia, he must have AP or a green card.

Son can not be included in husband's AOS since son has not been admitted as a K-2.

Under your plan, you will have to file separately to adjust them.