485a for a minor child

[White tiger 0]

Hello!

I’m confused and not sure how should it be done correctly. I have recently been reunited with my child (14yo, turning 15 this year), it is a long story. There was i130 form submitted before, but the situation has changed and i’m now filing 485a (eligible) since my kid can’t go back (to Russia). The question is, should I be applying  on behalf of my child or it should be done without a parent at this age? (Of course I’d be the one who reads and submits it all..but who signs it?) I'm a citizen of the US since 2020 and 70% of my family lives here. 

[Mike E 11,740]

 

1 hour ago, White tiger said:

There was i130 form submitted before

Filed by whom?

 

 

 

[Chancy 6,241]

2 hours ago, White tiger said:

I have recently been reunited with my child (14yo, turning 15 this year)

 

Just to be clear -- your child is now in the US?

 

[White tiger 0]

5 hours ago, Chancy said:

 

Just to be clear -- your child is now in the US?

 

Yes, recipes with me, legally in the US

5 hours ago, Mike E said:

 

Filed by whom?

 

 

 

By me

[Mike E 11,740]

7 minutes ago, White tiger said:

Yes, recipes with me, legally in the US

By me

I’m not understanding why you are filing I-485a instead of I-485. 

[White tiger 0]

5 hours ago, Mike E said:

I’m not understanding why you are filing I-485a instead of I-485. 

Omg, I did mean I-485, I wrote 485a automatically as a learnt habit because I had to deal with that one before 🙈 the question here with the age and it’s unusually to be filing without a parent filing the same time - hard to find information. Usually minor kids go through everything the same time with their parents or at least one of the parents. I used to file all the paperwork by myself before. The lawyer agreed to help but for $3.5k, I decided I’d try by myself again, but got stumbled at this odd question..

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of minor child already in the US ***

 

[Mike E 11,740]

2 hours ago, White tiger said:

Omg, I did mean I-485, I wrote 485a automatically as a learnt habit because I had to deal with that one before 🙈 the question here with the age and it’s unusually to be filing without a parent filing the same time - hard to find information

File I-485, I-765, I-131, I-864W, I-693 now.  If he reaches age 17 without a decision, expedite so that his U.S. citizenship is secured.  He needs I-485 to be approved before age 18 to automatically be a U.S. citizen. 

Edited January 20, 2023 by Mike E

[Family 4,025]

16 hours ago, White tiger said:

but who signs it?) I'm a citizen of the US since 2020 and 70% of my family lives here. 

He is 14 and must sign  all the forms himself. 

[Marieke H 2,519]

I recommend reading through the I-485 instructions, not just for the answer to this question, but also to make sure you are filling everything out correctly. You will find the answer to your question on page 5: if under 14, a parent/guardian signs for the child. Your child is 14, so will sign the forms himself.

[White tiger 0]

On 1/20/2023 at 10:35 AM, Mike E said:

File I-485, I-765, I-131, I-864W, I-693 now.  If he reaches age 17 without a decision, expedite so that his U.S. citizenship is secured.  He needs I-485 to be approved before age 18 to automatically be a U.S. citizen. 

I thought it’s not gonna work out with the citizenship since we didn’t live together when I became a citizen and the arrival time to the US was just 2 months ago. But thank you for the comment, I’ll research more!!!

[Mike E 11,740]

29 minutes ago, White tiger said:

I thought it’s not gonna work out with the citizenship since we didn’t live together when I became a citizen and the arrival time to the US was just 2 months ago. But thank you for the comment, I’ll research more!!!

1. Does he live with you?

 

2. Do you have legal custody?

 

If the  answers to 1 and 2 are both yes between the date  I-485 is approved and the day before he reaches age 18, he is a U.S. citizen.  
 

Are any of these true:

 

* you are  currently married to his other parent

 

* he was born  out of wedlock and you remain unmarried to his other parent
 

* his other  parent deceased

 

* you are divorced from his other parent and you have a legal custody agreement or court order that grants you full or partial custody 

 

If any of above are true you have legal custody. If the other parent is alive, and has full custody, that parent might be willing to grant you (or not contest your bid for) legal custody several months before your son reaches age 18. 

 

The above isn’t an exhaustive list but covers the majority of  cases 

 

Now is the time to document he lived  with you and that you have legal custody. You should then give a copy of this to your son and the person you’ve designated as his guardian should you pass away. 

Edited January 22, 2023 by Mike E