File I-130 for k2 AOS ?

[Shottayut 15]

Do I need to file a I-130 when I file the I-485 for my k2 children? I got a rejection notice asking for an I-130 or a  I-797 showing the I-130 has been accepted or approved . I checked the box for marriage based visas and checked the one saying k1/k2 

[K1visaHopeful 2,696]

Did you file the K2's I485 after the K1?

If yes, did you provide the K1s I485 Noa1?

Did you provide the K2s Birth Certificate showing the K1 as a parent?

If not, that's why they are asking for an I130.

 

Edited March 3, 2020 by K1visaHopeful

[K1visaHopeful 2,696]

16 minutes ago, Shottayut said:

Do I need to file a I-130 when I file the I-485 for my k2 children? I got a rejection notice asking for an I-130 or a  I-797 showing the I-130 has been accepted or approved .

 

Not the I130 Noa1 or Noa2, the I485 Noa1 or Noa2. Noa1 in your case.

 

I checked the box for marriage based visas and checked the one saying k1/k2 

 

[Shottayut 15]

2 minutes ago, K1visaHopeful said:

 

I submitted the I-797 of the approval of the I-129f petition. I did not include the noa from the AOS . But the paper they sent me is asking for I-130 and or the I-797 for it 

[K1visaHopeful 2,696]

3 minutes ago, Shottayut said:

I submitted the I-797 of the approval of the I-129f petition. I did not include the noa from the AOS . But the paper they sent me is asking for I-130 and or the I-797 for it 

The screenshot i posted is directly fromthe I485 checklist.

It's telling you need the I130 simply because you have not provided the evidence that the K1 filed AOS already (the K1's I485 Noa1 receipt notice which is a requirement for a K1 I485 submission).

They do not know youve filed an I485 for the K1 so that's why they are telling you you need an I130 for the K2. You don't.

Read the screenshot carefully.

Edited March 3, 2020 by K1visaHopeful

[Shottayut 15]

 

Thank you very much for the help so I would also put the receipt number and the received date for the I-485's I-797

[K1visaHopeful 2,696]

No you would just ensure you filled out the I485 correctly.

On the form, it states that you must submit a copy of the I797 for the underlying petition even (so the K1 I485 Noa1).

[Shottayut 15]

I looked over my packet and I did include the noa2 of the i-129f and the noa2 of the i-485 noa2 I looked up this list from the USCIS website under family members and it specifically states what I need to submit as a k2 applicant 

 

https://www.uscis.gov/greencard/fiancees

Under family members it shows the k2 list

 

The other question I'm asking is what is the underlying petition is it the petition for the original i-129f or is it the more recent petition for the i-485. I entered the receipt number for the i-129f 

[alun 73]

On 3/3/2020 at 7:37 AM, Shottayut said:

I looked over my packet and I did include the noa2 of the i-129f and the noa2 of the i-485 noa2 I looked up this list from the USCIS website under family members and it specifically states what I need to submit as a k2 applicant 

 

https://www.uscis.gov/greencard/fiancees

Under family members it shows the k2 list

 

The other question I'm asking is what is the underlying petition is it the petition for the original i-129f or is it the more recent petition for the i-485. I entered the receipt number for the i-129f 

NOA 1 of K1 I -485  . Submit again as supporting document copies of I 797 for I 129 f and mom's I 797 ( NOA 1 ) for I 485 ( probably USCIS lost them ) . Can include copy of mom's greencard

[Shottayut 15]

So I included the noa1 and 2 for the I-129f, i-795 And the mothers I-485 and her I-551 

[K1visaHopeful 2,696]

On 3/8/2020 at 7:20 PM, Shottayut said:

So I included the noa1 and 2 for the I-129f, i-795 And the mothers I-485 and her I-551 

K1s I129F NOA2 (not Noa1).

K1s GC if she has her GC. If not approved for the GC yet then provide the I485 Noa1 to prove they applied for I485.