K2 Adjustment of Status Questions

[fip & jim 452]

19 hours ago, Lars & Sasha said:

I am preparing to file the AOS paperwork for my Finance (K1) and her Son (K2). But I have some clarifying questions regarding the K2. I am filing for both at the same time.

 

• Does the K-2 have an A-Number? Is it the same as the K-1/parent? 
• Does the K-2 have an I-94 or is this the same as the K-1/parent? I searched online but no record was found.
• How do we answer the Applicants Statement in Part 10? The application is for a 5-year old.

 

 

Thank you!

At this stage the K2's A number is the same as the K1's. K2 get their own A number given when USCIS process the AOS package and it will be on the NOA (I-797C) letter you will receive.

 

7 hours ago, Lars & Sasha said:

I am submitting the AOS for K1 and AOS for K2 at the same time. Should they be in separate folders in one package to USCIS?

I did my son's package in a different folder and mailed it in one package. The supporting documents for I-864 are not required for the K2 but we included them as a precaution to avoid RFE. This is our checklist for our K2 AOS package - 

 

I-485 Application to Register Permanent Residence or Adjust Status

• Form I-485
• Copy of child's biographical passport page
• Copy of child's passport page with K2 visa and entry stamp
• Copy of form I-94
• Copy of approved petition I-129F
• Copy of child's birth certificate
• Copy of Certified Marriage Certificate of child's mother to the US Citizen
• 2 passport sized photos

I-864 Affidavit of Support package of (insert name), Petitioner and Sponsor 

• Form I-864 Affidavit of Support
• Copy of US Citizen (petitioner's) biographic passport page
• Copy of W2 for 2017
• IRS Tax Return Transcript for 2017
• Bank Statements
• Pay stubs
• Treasury bond details

We did one check for both applications because "The benefit of writing just the one check is that if for any reason the K-2 AOS paperwork is not accepted and therefore returned, the full adjustment fee becomes payable. However, if the paperwork is not accepted and the check is for both applications, both applications will be returned and the correction to the K-2 application can be made and resubmitted for the same fee." (https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/)

 

My son was 14 when we filed, so we had to pay the adult fee. You will pay the reduced child fee because your step-son is under 14 years of age.

 

For section 10 you will sign as the preparer as your step-son is too young to understand, and then fill in section 12 as the preparer.

 

 

 

[payxibka 10,044]

16 minutes ago, fip & jim said:

 

For section 10 you will sign as the preparer as your step-son is too young to understand, and then fill in section 12 as the preparer.

 

 

 

Actually not, as parent or legal guardian they sign on behalf of the principle applicant,  per the instructions not as preparer 

Edited May 5, 2019 by payxibka

[Pitaya 2,576]

There is a lot of "tribal" knowledge about the K1/K2 process available from other folks, like us, that have walked on this path before. Unfortunately, USCIS kinda throws families to the wolves when if comes to K1/K2 AOS/EAD/AP and ROC processes. There are several good, sometimes dated, guides and threads that still have significant relevance for these specific visa processes:

 

https://www.visajourney.com/content/k1k3aos

https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

I would suggest that you apply for AOS/EAD/AP for all of your family members. If you file for EAD/AP concurrently with the AOS, there are no additional fees, just the AOS fee. Besides, once you have done the assorted AOS forms, the EAD/AP forms are a walk in the park. The EAD for the K2 will enable the K2 to get their SSN. If there is any emergency travel required, it is much easier to have already filled for AP prior, rather than have to rush around and do the emergency AP shuffle.

 

Take a look at the official USCIS AOS link for additional useful information: https://www.uscis.gov/i-485

 

Then sit back and enjoy your family, in about 18 months after AOS, you will be ready for the ROC step in the process, be sure to check out the Guides for the ROC guide.

 

Best wishes on your ongoing immigration journey.

[fip & jim 452]

21 hours ago, payxibka said:

Actually not, as parent or legal guardian they sign on behalf of the principle applicant,  per the instructions not as preparer 

Perhaps it's different for under 14 year olds. My son signed his own form as he was 14 at the time, so I filled in the preparer section. Just answering from personal experience. 

[payxibka 10,044]

24 minutes ago, fip & jim said:

Perhaps it's different for under 14 year olds. My son signed his own form as he was 14 at the time, so I filled in the preparer section. Just answering from personal experience. 

I was answering based on those who are not of age to sign on there own behalf which for the USCIS appears to be 14

[Pitaya 2,576]

On 5/5/2019 at 4:23 PM, payxibka said:

Actually not, as parent or legal guardian they sign on behalf of the principle applicant,  per the instructions not as preparer 

Agree:

Quote

Signature. Each application must be properly signed and filed. For all signatures on this application, USCIS willnot accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the application on your behalf. (See the Additional Instructions that relates to Individuals Born Under Diplomatic Status in the United States, for one exception.) A legal guardian may also sign for a mentally incompetent person.

REF: Page 5, https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf