Filing ROC on child who's now over 21

[Rich and Wen 101]

I couldn't find information on this anywhere here on VJ, so I'm asking the community:

My wife's 2 year green card expires June 2016, and we will be filing ROC for her in March. How do we file for her son who arrived at the same time, has his own 2 year green card, but is now over 21? Will we file him on her application, as we did when we filed for AOS, or does he need to file on his own?

Any information would be appreciated.

[Pitaya 2,576]

What is important is that he got his AOS approved and GC prior to his twenty-first birthday. There are no such age restrictions regarding ROC. Be sure to insert his information as indicated on the I-751 and include the fee for his biometrics when you file for your wife and step-son's ROC next year. In the meantime be sure to read the Form I-751 instructions, in particular the sections: Who May File Form I-751? and What Is The Filing Fee?

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

We had a similar situation with my wife and stepson, his AOS was approved, and he received his conditional GC in November 2012 (same time as my wife). He turned 21 in May 2014. We included him on my wife's Form I-751 (where indicated) when we filed the ROC in August 2014, paid the ROC form fee ($505) and two Biometrics fees ($85@), total of $675. The ROC petition was finally approved in May 2015. Each of them now have their 10-year GCs. Read our review of our ROC ordeal.

BTW, there are shreds of ROC information for former K2s available in the K2 AOS Tips Guide, and the Form I-761 instructions. IMO, the ROC form is much easier than the AOS monsters. However, providing the proper amount of "bona fide marriage" evidence for ROC approval can be daunting.

YMMV.

Good luck on your immigration journey.

Edited July 18, 2015 by Pitaya