AOS from K1 when I-94 is expired

[visaqueries 111]

A friend of mine and I were on similar timelines regarding our spouses' entries on K1 Visas. My fiance arrived just a few months prior to his. At any rate, today I told him we were finally approved for the green card, and I asked where he was in the process. His situation is a bit different than mine, and he hasn't adjusted status yet. Additionally, his wife has a child who has come over too (they are from the Philippines). Financially, he thinks he needs to apply for a fee waiver when he does adjust status, but I believe he needs to add a few more things in his AOS packet than I did because his I 94 is expired. I've been looking to see what I could tell him, but I'm obviously not searching in the advanced search well enough to find the answers. Could you please help me help him? What more does he need to add besides what is already listed in the guides for the AOS from family based marriages? Will he do one of each of the forms for his spouse and stepdaughter? Should she get another physical from a civil surgeon or will the original be accepted if she had her original medical in July of last year?

They married within 90 days of arrival...in August 2014 (entry and marriage).

Thanks! I have encouraged him many times to look here, but he has yet to spend much time on here .

[KayDeeCee 4,892]

Nothing extra needed, except a new medical if the K-1 and K-2 medicals were done over a year before applying for AOS.

Yes, the K-1 and K-2 both need to file an I-485 for AOS. The fees depend on the age of the child and whether or not they file at the same time as the K-1 > http://www.uscis.gov/i-485

There is no fee waiver available for filing AOS. The only fees that are waived are for the I-765 and I-131 that are filed with the I-485.

Edited June 7, 2015 by KayDeeCee

[visaqueries 111]

Thanks! I've passed it along!