Question - filing I-824 for follow to join child with husband's I-485

[gursha 9]

My husband entered the US on December 20, 2014 on a K-1 visa. We were married March 16, 2015 and are now completing my husband’s AOS I-485 package. My husband’s son is in Ethiopia and was listed on my I-129F as a follow-to-join. We are not completing an AOS for his son at this time.

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 I leave Part.3 Question #1 pertaining to filing date, receipt # & approval date since we’re filing it with I-485? Do I put the K-1 information in Part 3?

[KayDeeCee 4,891]

You do not need that form. The child will not be immigrating based on the applicant's adjustment. A follow-to-join would enter the US within a year of the K-1 parent with a K-2 visa. They need to apply for a K-2 visa at the consulate in their country. They will adjust from their K-2 visa once they are in the US. They will need their own separate I-485, and check c. in Part 2, not b.

[Darnell 8,478]

if really following to join, file the DS-160, pay the visa fee for the child, and arrange for K-2 interview soonish with the consulate/embassy.

So, I agree with KayDeeCee, echo her advice to you.

[gursha 9]

Thank you very much for clarifying the instriuctions and the K-2 visa.Unfortunately the US Embassy in Addis is understaffed and does not respond to email inquiries in a timely manner (I had to involve my Congressperson durng the K-1 process as it had been 2 months without a reply to email/follow up).

I had filled out the DS-160 for the child at the same time that I filled out my fiance's/now husband and the child accompanied my husband to his interview. My husband received instructions from the Embassy at his interview to return to the Embassy with the child when ready to fly to the US and that the Embassy would review the medical (only valid for 6 months) and [i believe] grant the K-2 visa. I suspect I may have to fill out another DS-160 with updated address information as my husband is now in the US and of course pay the visa fee (wasn't an option when I filled out the DS-160 for the child). Is there any problem with submitting a new DS-160 for the child?