k2 Can I file I-485 when K2 applicant is abroad

[Gadgetwiz 0]

My fiance (wife now) moved here in a I-129F visa in September. We were married last week (6 weeks after her arrival). Unfortunately, she didn't bring her 8 year old son because we wanted him to arrive near the beginning of the summer so he could get acquainted with English before he started school (approximately 7 months after my wife arrived).

 

Her son was listed on the I-129F, but I never filed a DS-160 for him because I wasn't aware I needed to file one. It didn't matter because my wife didn't attempt to get a Visa for him at the time. When I asked the embassy, they said I needed to file the following documents:

·         DS-2001 (Link)

·         DS-160 Confirmation Page (Link)

·         GSS Confirmation Page (Link)

Now I am filing the I-465 to adjust her status (plus the I-765 and I-864), plus the required paperwork. I have a few questions that are stressing us out:

1. Can I file a I-465 for him even though her son still lives in Thailand, or do I need to wait for him to arrive (or wait for his Visa to be granted)?
2. Can I use the same GSS confirmation page I used with her, or do I need to go through the form again (I can't even recall what that was)?
3. If I file the I-465 after he arrives, is there anything I need to worry about aside from the extra filing fees?
4. Finally, I will need to file a I-131 so she can travel to pick up her son in May. How accurate do the travel dates need to be on I-131?

 

I looked all over the place to find answers to these questions, and I couldn't find the answers anywhere. I really appreciate any help people can provide, because I'm at a loss now.

 

Thank you - Joel

 

 

 

 

 

[SalishSea 16,770]

12 minutes ago, Gadgetwiz said:

My fiance (wife now) moved here in a I-129F visa in September. We were married last week (6 weeks after her arrival). Unfortunately, she didn't bring her 8 year old son because we wanted him to arrive near the beginning of the summer so he could get acquainted with English before he started school (approximately 7 months after my wife arrived).

 

Her son was listed on the I-129F, but I never filed a DS-160 for him because I wasn't aware I needed to file one. It didn't matter because my wife didn't attempt to get a Visa for him at the time. When I asked the embassy, they said I needed to file the following documents:

·         DS-2001 (Link)

 

·         DS-160 Confirmation Page (Link)

 

·         GSS Confirmation Page (Link)

Now I am filing the I-465 to adjust her status (plus the I-765 and I-864), plus the required paperwork. I have a few questions that are stressing us out:

1. Can I file a I-465 for him even though her son still lives in Thailand, or do I need to wait for him to arrive (or wait for his Visa to be granted)? No.  He has to be in the United States to adjust status.
2. Can I use the same GSS confirmation page I used with her, or do I need to go through the form again (I can't even recall what that was)?  I would just make a new one.
3. If I file the I-465 after he arrives, is there anything I need to worry about aside from the extra filing fees?
4. Finally, I will need to file a I-131 so she can travel to pick up her son in May. How accurate do the travel dates need to be on I-131?  Ballpark estimate, or no dates at all is fine.  I would get going on this ASAP if she really wants to travel by May.  AP/EAD is taking six months or more at the moment.

 

I looked all over the place to find answers to these questions, and I couldn't find the answers anywhere. I really appreciate any help people can provide, because I'm at a loss now.

 

Thank you - Joel

 

 

 

 

 

 

[geowrian 22,335]

16 minutes ago, Gadgetwiz said:

Now I am filing the I-465 to adjust her status (plus the I-765 and I-864), plus the required paperwork. I have a few questions that are stressing us out:

1. Can I file a I-465 for him even though her son still lives in Thailand, or do I need to wait for him to arrive (or wait for his Visa to be granted)?
2. Can I use the same GSS confirmation page I used with her, or do I need to go through the form again (I can't even recall what that was)?
3. If I file the I-465 after he arrives, is there anything I need to worry about aside from the extra filing fees?
4. Finally, I will need to file a I-131 so she can travel to pick up her son in May. How accurate do the travel dates need to be on I-131?

I-485*

I-864 is required. I-765 (EAD / work authorization) + I-131 (AP / ability to travel and return) are highly suggested and have no extra charge.

 

1) No - he has to be in the US. You can file an I-485 once in the US. Each I-485 is adjudicated separately. There is a reduced fee for the child if filing together, but otherwise they are adjudicated as 2 separate people. It's just a few hundred more dollars to do them separate.

2) I'm not sure what a GSS confirmation paged is, sorry. It sounds like something specific to Bangkok. If in doubt, do it again.

3) Nope

4) TBD or "unknown" is fine as well - the form is used for many purposes. For your purposes, the reason and dates don't matter.

Edited October 27, 2019 by geowrian

[Ryan H 3,790]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.

[Pitaya 2,576]

Review the VJ AOS guide and the VJ K2 Tip Sheet:

Adjustment of Status Guide (K1 & K3 Visa Holders

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

 

[Gadgetwiz 0]

Thank you very much for the responses. I don't know how to thank you enough - every single one of you. I was losing my mind trying to figure out what to do.

 

15 hours ago, geowrian said:

I-485*

I-864 is required. I-765 (EAD / work authorization) + I-131 (AP / ability to travel and return) are highly suggested and have no extra charge.

This one was big. I was adding up the cost of all of these forms, and it was starting to get expensive. Now I see this mentioned all over the internet - except for the USCIS website.

 

Thanks also for this tip sheet. I don't know why I didn't find this before. I found a lot of tip sheets with Google, but not this one, and this one is easily the best one out there. Thank you for linking it!

 

5 hours ago, Pitaya said:

Review the VJ AOS guide and the VJ K2 Tip Sheet:

Adjustment of Status Guide (K1 & K3 Visa Holders

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

 

[geowrian 22,335]

34 minutes ago, Gadgetwiz said:

This one was big. I was adding up the cost of all of these forms, and it was starting to get expensive. Now I see this mentioned all over the internet - except for the USCIS website.

It's in the instructions for the I-485, I-765, and I-131.

 

https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf

Quote

Filing Form I-485 with Forms I-765 and I-131

If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485.

 

https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf

Quote

Exceptions

Initial EAD. If this is your initial application and you are applying under one of the following categories, a filing fee is not required for:

...

12. (c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I-485 on or after July 30, 2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July 30, 2007, and payment of the appropriate filing fee. If you did not pay the appropriate Form I-485 filing fee because your filing fee was waived or you are exempt from paying it, you must pay the Form I-765 filing fee or request that the filing fee be waived;

 

https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf

Quote

NOTE: If you filed Form I-485 on or after July 30, 2007, and you paid the Form I-485 application fee required, then no fee is required...

 

[Gadgetwiz 0]

One more quick question. I thought about making a new thread, but it's relevant to other people who find this thread.

 

If I file I-485 for my wife, but intend to find another I-485 for her son at different time, I should answer Part 6 question 6 - "Is this child applying with you" with a NO, correct?

 

I'm 99% sure it's supposed to be "NO", but I like to be 100% sure before I submit paperwork to the government.

[aaron2020 11,651]

The child is not applying to adjust with mom, so the answer is "No."  

[geowrian 22,335]

10 minutes ago, Gadgetwiz said:

One more quick question. I thought about making a new thread, but it's relevant to other people who find this thread.

 

If I file I-485 for my wife, but intend to find another I-485 for her son at different time, I should answer Part 6 question 6 - "Is this child applying with you" with a NO, correct?

 

I'm 99% sure it's supposed to be "NO", but I like to be 100% sure before I submit paperwork to the government.

Agreed - No.

[payxibka 10,044]

17 minutes ago, Gadgetwiz said:

One more quick question. I thought about making a new thread, but it's relevant to other people who find this thread.

 

If I file I-485 for my wife, but intend to find another I-485 for her son at different time, I should answer Part 6 question 6 - "Is this child applying with you" with a NO, correct?

 

I'm 99% sure it's supposed to be "NO", but I like to be 100% sure before I submit paperwork to the government.

Read carefully,  interpret literally.   It is 100% NO