K1/k2 AOS

[lala64 93]

Hi All, Quick Question. when my finance comes from Jamaica with his son who has cerebral palsy. I plan to do an adjustment of status soon after we are married. Am I required to do an AOS for the son as well or can I wait. It is pretty expensive 1070 for my fiancé and 695 for the child. I am wondering if we could wait a few months then adjust my stepson. Is there a timeframe or am I required to submit both at the same time?

thanks in advance.

[Darnell 8,478]

i thought the 'discounted rate' on the k-2 occurs solely when filing with the k-1.

file after? discount is gone.

that's what i remember - lets see what other folk can say.

[lala64 93]

i thought the 'discounted rate' on the k-2 occurs solely when filing with the k-1.

file after? discount is gone.

that's what i remember - lets see what other folk can say.

I don't remember seeing anything about a discount. I saw only for a child under 15 years and my stepson is 8. I realize most people do them together but after all this I am unsure if I can afford them both together but if I must I must find a way. maybe do some gardening on the side:)

[Pitaya 2,577]

i thought the 'discounted rate' on the k-2 occurs solely when filing with the k-1.

file after? discount is gone.

that's what i remember - lets see what other folk can say.

There is a $350 discount if the AOS for under 14 yo child is filed at the same time as the AOS of at least one parent: http://www.uscis.gov/i-485

There is no timeframe as far as USCIS is concerned for filing AOS. The longer the delay, the more complications of living in the US seem to sprout up. For example, for the child to obtain a SSN, often necessary for insurance purposes and likely other programs. To apply for a SSN the child will either need an Employment Authorization Document (EAD) card, or their 2-year conditional Green Card (GC). The EAD and GC are only attainable after filing and acceptance of EAD application (concurrently filed with AOS app.), or filing and acceptance of AOS application. There are no additional fees for EAD or Advance Parole (AP) applications if filed concurrently with AOS application.

Good luck on your immigration journey.

Edited July 9, 2015 by Pitaya

[Darnell 8,478]

can shave anything off of the wedding or reception, amassing 1800 ?

[tolitzpogi 37]

File AOS for your wife first for $1,070... after she gets her EAD and is eligible to work, she can help with the AOS of her son, which will also be $1,070 since it was not filed at the same time as his mother.

There is no mandatory date after arrival that they have to file for AOS. But of course, 90 days after POE, they will be out of status, so the sooner you can file the better, to avoid any possible/future complications...

Edited July 9, 2015 by tolitzpogi

[Pitaya 2,577]

File AOS for your wife first for $1,070... after she gets her EAD and is eligible to work, she can help with the AOS of her son, which will also be $1,070 since it was not filed at the same time as his mother.

There is no mandatory date after arrival that they have to file for AOS. But of course, 90 days after POE, they will be out of status, so the sooner you can file the better, to avoid any possible/future complications...

That information is a bit incorrect for the OP, the OP's stepson is 8 years old. If he files AOS before becoming 14 years old and not concurrently filing with a parent the AOS fee will be $985. However, if he waits until the stepson is 14 years old, then yes, the AOS fee will be $1070.

Please refer to the link I previously provided for specific details.

Good luck on your immigration journey.

[tolitzpogi 37]

Oops, forgot about the waived Biometrics fee... my bad

[lala64 93]

File AOS for your wife first for $1,070... after she gets her EAD and is eligible to work, she can help with the AOS of her son, which will also be $1,070 since it was not filed at the same time as his mother.

There is no mandatory date after arrival that they have to file for AOS. But of course, 90 days after POE, they will be out of status, so the sooner you can file the better, to avoid any possible/future complications...

Thank you.. I am the wife he is the husband coming to the US ( fiancée- me/fiancé-him) but thanks for trying to help me figure this out. I think I might try to get the discount 400 bucks is 400 bucks!

can shave anything off of the wedding or reception, amassing 1800 ?

It is already down to the bare bones because of this whole process lol guess we could jump the broom somewhere and call it a nite:) thanks Darnell