What if we file the AOS just outside the 90 days?

[Purple_Paladin 25]

13 minutes ago, Dashinka said:

Assuming your stepdaughter came over on a K2 visa, you need to file a separate AOS package for her as well along with separate I864s, and separate I765/I131 if you are filing those as well for her.  I am not quite sure what you mean about the "3 years"?

Quote

 

Living in marital union with the citizen spouse for at least 3 years preceding the time of filing the naturalization application (the citizen spouse must have been a U.S. citizen for those 3 years).

Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization.

 

The above is from the USCIS website for the spouse. As I understand it, it's the same for her so long as she gets the AOS with him. Is that not correct?

[Dashinka 26,191]

7 minutes ago, Purple_Paladin said:

The above is from the USCIS website for the spouse. As I understand it, it's the same for her so long as she gets the AOS with him. Is that not correct?

Yes, if the step-daughter has a valid GC, and is still a minor at the time the naturalizing spouse takes the oath, the child will automatically also gain citizenship.   There is no need to file a separate N400 for the child if they are under 18.

 

Here are the requirements for a child to gain citizenship when a parent naturalizes.

 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.

[Purple_Paladin 25]

5 minutes ago, Dashinka said:

Yes, if the step-daughter has a valid GC, and is still a minor at the time the naturalizing spouse takes the oath, the child will automatically also gain citizenship.   There is no need to file a separate N400 for the child if they are under 18.

 

Here are the requirements for a child to gain citizenship when a parent naturalizes.

 

• The child has at least one parent, including an adoptive parent, who is a U.S. citizen by birth or through naturalization;
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR); and
• The child is residing in the United States in the legal and physical custody of the U.S. citizen parent

She's 19 now. She is here on the K2 and we did already get married. I thought she was good so long as we got married and she came before she turned 21?

 

[Purple_Paladin 25]

22 hours ago, Purple_Paladin said:

Also, should I list my child support income if all I have to document it is my bank statement deposits for the year?
My ex and I don't have the typical government child support agreement. It's just something that's listed in our divorce contract. 
It also ends in June so not sure if it matters or not.

 

I had asked this before but I'm afraid it got lost in the mix. Does anyone who's filed with child support as proof of income know how it must be submitted?

 

As it turns out, I over-estimated when looking at the amounts needed and I actually might make it with my salary plus the child support. The child support is how I support the children that I have listed as my dependents, so is it acceptable to list is as income? 

I don't claim it on my taxes because it's not taxable income, so as mentioned above, the "proof" I have for this is just my bank statements for these deposits and my divorce decree that states my ex must pay it. I don't have his wages garnished and we don't have whatever government form is usually used for it.

 

Does anyone know if that's enough? Should I put a footnote into the additional page and explain?

 

TIA!
 

 

 

[Dashinka 26,191]

3 hours ago, Purple_Paladin said:

She's 19 now. She is here on the K2 and we did already get married. I thought she was good so long as we got married and she came before she turned 21?

 

You are relative to AOSing and getting her a GC, but if she wants to naturalize she will have to do that on her own.

[Purple_Paladin 25]

8 hours ago, Dashinka said:

Assuming your stepdaughter came over on a K2 visa, you need to file a separate AOS package for her as well along with separate I864s, and separate I765/I131 if you are filing those as well for her.

Do I need to send the packets separately? I mean, separate mailings?

Or do I mail them together and just make sure there's two of everything and that they are organized separately? (I did the prong fasteners for the K1 packet so I could just make sure they each have their own 'sets' of packet with individual prong fasteners to separate them.)

[TBoneTX 48,126]

3 minutes ago, Purple_Paladin said:

mail them together

You can do this; just keep them distinct.

[Purple_Paladin 25]

4 hours ago, Dashinka said:

You are relative to AOSing and getting her a GC, but if she wants to naturalize she will have to do that on her own.

Yes, but is it the same process/rules for K1?

[Purple_Paladin 25]

Also, the checklist on this site mentions including a fee for the biometrics. 

This confused me because I thought biometrics appts were not automatic. It's listed as a possibility on the I-485, not a definitive. 

We include a fee for the possible bionetrics request in the packet?

 

[TBoneTX 48,126]

1 minute ago, Purple_Paladin said:

the checklist on this site mentions including a fee for the biometrics

Read carefully, interpret literally, and answer/respond completely & accurately.  This protocol ensures your success throughout this immigration process.

[Dashinka 26,191]

5 hours ago, Purple_Paladin said:

Yes, but is it the same process/rules for K1?

I am not positive that the daughter can naturalize under the three year rule like your spouse can.  I believe she will need to wait five years, but others may know more.

 

Good Luck!

[Edward and Jaycel 2,223]

8 hours ago, Purple_Paladin said:

I did the prong fasteners for the K1 packet

 

I would recommend binder clips instead of prong fasteners - You filed the I-129F during the previous administration which accepted it, however this administration seems to be interpreting filing guidelines literally and rejecting packets for things that would have got overlooked before. 

[Purple_Paladin 25]

8 hours ago, TBoneTX said:

8 hours ago, Purple_Paladin said:

the checklist on this site mentions including a fee for the biometrics

Read carefully, interpret literally, and answer/respond completely & accurately.  This protocol ensures your success throughout this immigration process.

Yes, thank you. This is indeed a lengthy complex process. After reading and re-reading, I'm still a little confused because "Biometrics appointment fees" aren't listed on the USCIS website.

 

I've read the I-485 form instructions and this is what I've found:
 

Quote

Form G-325A, Biographic Information. Form G-325A is no longer required. You do not need to submit a separate Form
G-325A with this Form I-485. Part 1. Information About You and Part 4. Additional Information About You of this
Form I-485 meet the requirements of 8 CFR 245.3(a)(3)(i) by collecting the biographical information formerly required
on Form G-325A.

So, if I understand correctly, the biometrics fee is no longer required? It's incorporated into the I-485?

 

Also, I'm a little confused about weather or not to file the I-130 for my spouse and/or my step-daughter.

Quote

In order to be eligible for a Green Card as a K-2 nonimmigrant, you must meet the following requirements:

• You properly file your Form I-485, Application to Register Permanent Residence or Adjust Status;
• You are physically present in the United States at the time you file your Form I-485;
• Within 90 days of admission to the United States, your K-1 nonimmigrant parent entered into a bona fide marriage with the U.S. citizen petitioner;
• You are eligible to receive an immigrant visa

  Note: You are eligible to receive an immigrant visa if you were admitted as a K-2 nonimmigrant and your K-1 nonimmigrant parent married the U.S. citizen petitioner within 90 days;

• You have an immigrant visa immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;

• Note: An immigrant visa is always available to you if your parent marries your U.S. citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. After the marriage takes place, you are treated as an immediate relative;

• None of the applicable bars to adjustment of status apply to you;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of USCIS’ discretion.

The wording states that if the requirement of being married within 90 days is met (it is) then we may proceed. However, it stresses eligibility. I actually went and read the law... and went cross-eyed. No way to understand that. I'm not a lwayer and I can't afford one. 

So let's say that I mail the file by 10/11 (the K1 and K2 we have expire 10/12) do I file the I-130 knowing that USCIS will process my packet after the K1 and K2 expiration? Or do they go by mailing date?

 

Also for this:
 

Quote

• Proof that you have continuously maintained a lawful status since arriving in the United States.

Does the I94 constitute proof? What constitutes "proof" that they've maintained lawful status. And if the K1 and K2 expire after I mail it out, did they maintain lawful status?

 

The one I have is from July. Do I need to print another? I ask because I tried and the website gives me this back: 
 

Quote

I-94 could not process your request, please try again

The website says it's experiencing unexpected delays, so maybe it's just that. 

 

I have been reading, the stakes are too high here to make mistakes I agree, and the current climate is extra stressful. 

So I apologize if I ask too many questions or they are redundant. I just want to be sure not to make mistakes and to have the most complete packet possible. 

 

Thank you to all who answer for your time and assistance. 💜

[OldUser 10,677]

10 minutes ago, Purple_Paladin said:

Yes, thank you. This is indeed a lengthy complex process. After reading and re-reading, I'm still a little confused because "Biometrics appointment fees" aren't listed on the USCIS website.

 

I've read the I-485 form instructions and this is what I've found:
 

So, if I understand correctly, the biometrics fee is no longer required? It's incorporated into the I-485?

 

Yes, incorporated now

[Edward and Jaycel 2,223]

18 minutes ago, Purple_Paladin said:

Also, I'm a little confused about weather or not to file the I-130 for my spouse and/or my step-daughter.

 

If they entered on K-1/K-2 AND you married within the 90 days (Which I know you did) you do NOT need to file the I-130