Will 12 Year Old K2 (Follow to Join) Need AOS Interview?

[JasonGG 268]

My wife (K1) and and her daughter (K2) got their green cards in 2018.  Her 12 year old son (K2) "followed to join" 6 months later.  We filed his AOS/EAD/AP in December 2018.  Since his mother already has her green card, will he still need to attend an AOS interview before receiving his green card? 

 

He had a biometrics appointment in February and now 3 months later, received another biometrics appointment letter but this one is just for the I-485.  I was wondering/hoping that maybe this appointment is to collect the photo and fingerprint needed to issue the green card without an interview.

 

Thanks -Jason

[Hypnos 6,576]

An interview will likely be required. It will be pro forma.

[JasonGG 268]

2 minutes ago, Hypnos said:

An interview will likely be required. It will be pro forma.

Thanks.  I was trying to come up with a good excuse for USCIS requiring two biometrics appointments 3 months apart.  Maybe we just needed to be reminded that this process doesn't makes much sense!

[Hypnos 6,576]

The fingerprints may not have been fully readable from the first appointment. 

 

If this happens, you receive a second biometrics appointment for them to try a second time. 

 

If they are still unreadable then you would instead receive an RFE for police certificates from all jurisdictions in which the beneficiary has resided. 

[JasonGG 268]

1 minute ago, Hypnos said:

The fingerprints may not have been fully readable from the first appointment. 

 

If this happens, you receive a second biometrics appointment for them to try a second time. 

 

If they are still unreadable then you would instead receive an RFE for police certificates from all jurisdictions in which the beneficiary has resided. 

I have read that some people have had second appointments for unreadable fingerprints, but the first appointment letter was for his EAD and AOS.  The new appointment letter says it is just for AOS, though.  Definitely do not want to try to get police certificates in Vietnam for a 12 year old!  Thanks @Hypnos and congratulations on your Naturalization! - Jason

[JasonGG 268]

Just wanted to provide an update . . . on July 9, my wife and I called USCIS to inquire about our follow-to-join K2's EAD/AP card.  The Tier 2 said there was an interview "waiver" associated with his AOS application because his mother and sister already had their green cards.

 

He received his EAD/AP cards on July 16 (198 days).  This morning, I checked his AOS status online and it updated from the NOA1 "case received" to "New Card is Being Produced."  No interview.  No letter or contact from Baltimore since his second biometrics appointment in late May.

 

Jason

[Pitaya 2,576]

Congratulations!! 

 

 

First of all congratulations on you and your family's immigration journey. Enjoy your 18 month respite from dealing with USCIS. Time to get on with your lives. Consider setting aside a shoe box or filing cabinet drawer for copies of all manner of joint marital/familial evidence, i.e, joint bank account statements, joint deeds/trusts, joint purchases (major appliances/vehicles, etc.) joint utility statements, family received holiday cards, family photographs. There is all manner of evidence that you may be able to include in this box of "Marital Bonafides" (USCIS term, not mine). These include anything to submit/show to USCIS during the ROC process, that you have a genuine marriage and family. Don't fixate on it, enjoy your life!! Just start saving the stuff now, a  piece here and a piece there, you will then have plenty of time to go back when the time comes, review, and determine your evidence. This should help minimize the last minute scrambling and searching for ROC evidence when the time comes.

 

Quote

Evidence of the Relationship

Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you can to establish this fact, to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. Thedocuments should include, but are not limited to, the following examples:

1. Birth certificates of children born during the time of this marriage, if any;

2. Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence;

3. Financial records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts with transaction history, complete joint Federal and State tax returns, insurance policies that show the other spouse as the beneficiary, joint utility bills, or joint installment or other loans. If applicable, submit copies of military Leave and Earnings Statements showing receipt of Basic Allowance for Quarters (BAQ) with family members and/or Form DD-1172 for military family member identification cards;

4. Other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading U.S. immigration laws; and

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

 

Good luck on your immigration journey.