RFE for I-864 and K2 questions

[Ontarkie 13,914]

~~Hijack post and related replies split off of a 7 year old thread. Do not post questions for your own case in other members threads. I only causes confusion to the thread and posting in 7 year old threads will result in information not be accurate.~~

[taximan683 66]

On 6/2/2020 at 6:23 PM, Bluee said:

I did. I separated the fees the first time, they accepted mine, rejected my daughter's application because of lacking I-864. I submitted again with A COPY OF I-864 from MY APPLICATION (K1) - they REJECTED AGAIN with the same reason - missing I-864.

So confused.

Bluee, I got my NOA1 (receipts) yesterday. I finally got both K1 and K2 accepted. So, they accepted my K2 I-864 with the K2 as the principle applicant and the K1 as family member. From my reading of the instructions over and over, I felt sure that putting the K2 as principle was wrong and I expected to get a rejection again. I'm hesitant to say that it was the correct thing to do, maybe they finally had mercy on me. I hope you get accepted on your next try. Let me know what happens. Good luck!

[JMGN 10]

1 hour ago, taximan683 said:

Bluee, I got my NOA1 (receipts) yesterday. I finally got both K1 and K2 accepted. So, they accepted my K2 I-864 with the K2 as the principle applicant and the K1 as family member. From my reading of the instructions over and over, I felt sure that putting the K2 as principle was wrong and I expected to get a rejection again. I'm hesitant to say that it was the correct thing to do, maybe they finally had mercy on me. I hope you get accepted on your next try. Let me know what happens. Good luck!

Hello. 
My son’s applications were rejected for this same reason. Thank you for sharing your case as I wasn’t sure how to make the correction. Now I have done a separate l-864 for k2 with him being the principal and added myself k1 as family member.Question ....on l-485 for k2 should the k2 be the derivative for category type or principal? That’s confusing me now.

Thanks

Edited June 16, 2020 by JMGN

[taximan683 66]

13 minutes ago, JMGN said:

Hello. 
My son’s applications were rejected for this same reason. Thank you for sharing your case as I wasn’t sure how to make the correction. Now I have done a separate l-864 for k2 with him being the principal and added myself k1 as family member.Question ....on l-485 for k2 should the k2 be the derivative for category type or principal? That’s confusing me now.

Thanks

The K2 is the derivative on the i-485. I'm not sure if the way I filled out the i-864 is correct or not. Some people say both i-864s for the K-1 and K-2 should be identical with the K-1 as principle, but there are also some people who say that a second i-864 is not necessary - which is not correct currently. I submitted only one i-864 the first time - thinking that two were not needed if they were the same and in the same packet. When I got rejected, I quickly filled out another i-864 with the K-2 as principle and with copies of all the evidence attached and sent the packet back with a cover letter explaining the addition of the second i-864 to correct the packet. After the fact when I read the instructions again, I thought that I was wrong to put the K-2 as principle on the i-864 and expected to be rejected again - but it was accepted. I don't want you to assume that the way I did it was correct. It could be that they have some leeway in what they accept and it might not work for someone else. There doesn't seem to be a lot of guidance for the K-2 applications. I also had the idea to send two versions of the i-864 for the K-2 and ask them to use the one that was correct. I don't know if that would work. Good luck!

[taximan683 66]

12 minutes ago, taximan683 said:

The K2 is the derivative on the i-485. I'm not sure if the way I filled out the i-864 is correct or not. Some people say both i-864s for the K-1 and K-2 should be identical with the K-1 as principle, but there are also some people who say that a second i-864 is not necessary - which is not correct currently. I submitted only one i-864 the first time - thinking that two were not needed if they were the same and in the same packet. When I got rejected, I quickly filled out another i-864 with the K-2 as principle and with copies of all the evidence attached and sent the packet back with a cover letter explaining the addition of the second i-864 to correct the packet. After the fact when I read the instructions again, I thought that I was wrong to put the K-2 as principle on the i-864 and expected to be rejected again - but it was accepted. I don't want you to assume that the way I did it was correct. It could be that they have some leeway in what they accept and it might not work for someone else. There doesn't seem to be a lot of guidance for the K-2 applications. I also had the idea to send two versions of the i-864 for the K-2 and ask them to use the one that was correct. I don't know if that would work. Good luck!

From instructions for form i-485:

2. Derivative Applicant (files based on a principal applicant) A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.”

 

When you submitted the i-129 it was for the K-1 and the K-2 was just listed as a derivative on the K-1s application.

 

By looking at the instructions again  I also was reminded of the correct spelling of "principal" - I've been spelling it wrong today lol

[JMGN 10]

57 minutes ago, taximan683 said:

From instructions for form i-485:

2. Derivative Applicant (files based on a principal applicant) A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.”

 

When you submitted the i-129 it was for the K-1 and the K-2 was just listed as a derivative on the K-1s application.

 

By looking at the instructions again  I also was reminded of the correct spelling of "principal" - I've been spelling it wrong today lol

Thank you so much! It was rejected because I selected principal on l-485 and not derivative then I sent copies of l-864. You have answered my concerns about completing these forms. I will be mailing off the package tomorrow. 
Thank you. Best of luck to you.

 

[Bluee 44]

4 hours ago, taximan683 said:

Bluee, I got my NOA1 (receipts) yesterday. I finally got both K1 and K2 accepted. So, they accepted my K2 I-864 with the K2 as the principle applicant and the K1 as family member. From my reading of the instructions over and over, I felt sure that putting the K2 as principle was wrong and I expected to get a rejection again. I'm hesitant to say that it was the correct thing to do, maybe they finally had mercy on me. I hope you get accepted on your next try. Let me know what happens. Good luck!

Thanks for letting me know.

I manage to try my luck with the same thing 2 weeks ago. Now, hopefully to get NOA1 too.

 

Good luck to both of us!!!!

Edited June 16, 2020 by Bluee

[Bluee 44]

43 minutes ago, JMGN said:

Thank you so much! It was rejected because I selected principal on l-485 and not derivative then I sent copies of l-864. You have answered my concerns about completing these forms. I will be mailing off the package tomorrow. 
Thank you. Best of luck to you.

 

Hold on, let make it clear:

 

1. For K1:

- I-485: K1 as Principal Applicant and K2 as Dependent.

- I-864: K1 as Principal Applicant and K2 as Family Member

- I-944: K1 as Principal Applicant and K2 as Household Member

 

2. For K2:

- I-485: K2 as Derivative Applicant and K1 as Principal Applicant

- I-864: K2 as Principal Applicant and K1 as Family Member

- I-944: K2 as Principal Applicant and K1 as Household Member

 

Base on my experience with 2 rejections and taximan683's experience, this could be the correct thing to do currently.

Edited June 16, 2020 by Bluee

[JMGN 10]

15 hours ago, Bluee said:

Hold on, let make it clear:

 

1. For K1:

- I-485: K1 as Principal Applicant and K2 as Dependent.

- I-864: K1 as Principal Applicant and K2 as Family Member

- I-944: K1 as Principal Applicant and K2 as Household Member

 

2. For K2:

- I-485: K2 as Derivative Applicant and K1 as Principal Applicant

- I-864: K2 as Principal Applicant and K1 as Family Member

- I-944: K2 as Principal Applicant and K1 as Household Member

 

Base on my experience with 2 rejections and taximan683's experience, this could be the correct thing to do currently.

Yes! Yes! Thank you so much. Hoping it will be accepted this time. Time is running out on us.

[Kyle Jane 0]

On 6/16/2020 at 2:46 PM, Bluee said:

Hold on, let make it clear:

 

1. For K1:

- I-485: K1 as Principal Applicant and K2 as Dependent.

- I-864: K1 as Principal Applicant and K2 as Family Member

- I-944: K1 as Principal Applicant and K2 as Household Member

 

2. For K2:

- I-485: K2 as Derivative Applicant and K1 as Principal Applicant

- I-864: K2 as Principal Applicant and K1 as Family Member

- I-944: K2 as Principal Applicant and K1 as Household Member

 

Base on my experience with 2 rejections and taximan683's experience, this could be the correct thing to do currently.

Hello!

Any good news about NOA-1?

 

[Bluee 44]

On 6/16/2020 at 11:01 AM, taximan683 said:

From instructions for form i-485:

2. Derivative Applicant (files based on a principal applicant) A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. These family members are called “derivative applicants.”

 

When you submitted the i-129 it was for the K-1 and the K-2 was just listed as a derivative on the K-1s application.

 

By looking at the instructions again  I also was reminded of the correct spelling of "principal" - I've been spelling it wrong today lol

Did they cash your check?

11 hours ago, Kyle Jane said:

Hello!

Any good news about NOA-1?

 

Nope, not yet. I called USCIS yesterday, talked to an agent. She couldn't find any information

[Bluee 44]

On 7/1/2020 at 6:46 AM, Kyle Jane said:

Hello!

Any good news about NOA-1?

 

FINALLY!!! I GOT THE RECEIPT NUMBER FOR MY DAUGHTER'S APPLICATION.

So, once again, base on taximan683's experience and mine, this is what should be done:
 

1. For K1:

- I-485: K1 as Principal Applicant and K2 as Dependent.

- I-864: K1 as Principal Applicant and K2 as Family Member

- I-944: K1 as Principal Applicant and K2 as Household Member

 

2. For K2:

- I-485: K2 as Derivative Applicant and K1 as Principal Applicant

- I-864: K2 as Principal Applicant and K1 as Family Member

- I-944: K2 as Principal Applicant and K1 as Household Member

 

Goodluck to all of us!

Edited July 6, 2020 by Bluee

[taximan683 66]

I got an RFE for the K2 i485 saying it was either missing pages or some pages were from the wrong edition of the form. We immediately downloaded the form from the website, filled it out and sent it back in. Should be there by Wednesday. The RFE was from the NBC in Missouri. We are in CA. I suppose that after they are done with their part, our case will be sent to the local office. We are hoping to get advance parole before the end of the year, but I'm worried about all the delays. Does the biometric appointment have to happen before we get the EAD and/or the AP?

[Bluee 44]

4 hours ago, taximan683 said:

I got an RFE for the K2 i485 saying it was either missing pages or some pages were from the wrong edition of the form. We immediately downloaded the form from the website, filled it out and sent it back in. Should be there by Wednesday. The RFE was from the NBC in Missouri. We are in CA. I suppose that after they are done with their part, our case will be sent to the local office. We are hoping to get advance parole before the end of the year, but I'm worried about all the delays. Does the biometric appointment have to happen before we get the EAD and/or the AP?

As far as I know, yes. Have to. There are nothing we can do but wait.

[Bluee 44]

On 7/6/2020 at 8:18 AM, taximan683 said:

I got an RFE for the K2 i485 saying it was either missing pages or some pages were from the wrong edition of the form. We immediately downloaded the form from the website, filled it out and sent it back in. Should be there by Wednesday. The RFE was from the NBC in Missouri. We are in CA. I suppose that after they are done with their part, our case will be sent to the local office. We are hoping to get advance parole before the end of the year, but I'm worried about all the delays. Does the biometric appointment have to happen before we get the EAD and/or the AP?

Hi,

Any updates on your K1 & K2 applications?