US Immigration from Philippines

Hello,

After reading the quideline and searchign the forum I unfortunately do not have clarity on this one item and could use some assistance. My fiance camt to the US on the k-1 visa and with her my step son (k-2). In the guideline it states that when filing for them to receive an ssn, the k-2 will need a valid EAD from USCIS. He is 9 years old and will not be working for the forseeable future. To obtain the EAD we would have had to file the form I-765, Application for Employment Authorization along the way but never did or were aware we needed to prior to comign to the US.

Is this just an oversight and not intended for minors nor intended to work and the EAD isnt really required?

Hello everyone,

I received an I-485 RFE not too long ago that asked for several things and I've been working on it ever since. One of the things the RFE notified me about was that I "Failed to answer Public Charge inadmissibility questions." Here's the text from USCIS:

"You indicated that you are not subject to public charge ground of inadmissibility under INA 212(a)(4) when answering Part 8., Item Number 61 on your Form I-485. Therefore, you did not answer Part 8., Item Numbers 62-68 related to the public charge ground of inadmissibility. However, you are subject to the public charge ground of inadmissibility because you are applying for adjustment of status as a(n) Spouse of a United States citizen."

I was confused at first when I read it because I thought I had answered the question correctly when I answered "No." However, I did further research including other threads on this site where people said the correct answer is also "No" and I think it may be a misunderstanding of the question. I figured out the question is worded awkwardly but it's not asking if my spouse is inadmissible from being subject (as in about to become or currently is) a public charge but rather if she is EXEMPT from being inadmissible as a public charge at any time (for example if all our money disappears into thin air and we end up in the poor house). Since she is not exempt, she is subject to inadmissibility from being a public charge under INA 121(a)(4). The answer should have been "Yes" like USCIS indicated.

I was wanted to confirm two things from y'all:

1. That "Yes" should have been the answer to I-485 Part 8. Question Number 61. public charge question.

2. I have to fill out a new brand new I-485 with the correct answers filled in and sign/date with the current date (and not the date of the original I-485 submission).

Hello, We are going to apply for adjustment of status(AOS) but we did not recieve a NOA2. What documents should I provide? Hope someone can help me.

Hello,

I am the sponsor for my K2 follow to join step children (ages 10 and 16). We received the following RFE language (see below) for my AOS K2 follow to join packet(s):

Based on the language of the RFE, I think the problem is that I didn't list my wife as the principal immigrant because she is already here in the USA. I listed my stepchildren as the principal immigrant because my wife is already here. So, to correct this, my plan is to resubmit the latest version of the I-864 form and do the following:

1. List my wife (K-1 recipient) as the principal immigrant

2. Check No on Question 1 of Part 3 (I am sponsoring the principal immigrant named in Part 2)(No - Applicable only if you are sponsoring family members in Part 3 as the second joint sponsor or if you are sponsoring family members who are immigrating more than six months after the principal immigrant)

3. List her children (my stepchildren) as the two family members in Part 3 Family Member section

4. Check the box on Question 3 of Part 3 (I am sponsoring the following family members who are immigrating more than six months after the principal immigrant)

5. Enter 2 in the box on Question 29 on Part 3 (Enter the total number of immigrants you are sponsoring on this affidavit which includes the principal immigrant listed in Part 2, any immigrants listed in Part 3, Item 1-28, and (if applicable), any immigrants listed for these questions in Part 11. Additional information. Do not count the principal immigrant if you are only sponsoring family members entering more than 6 months after principal immigrant.)

6. I verified that household size is correct at 4.

a. Provide the number you entered in Part 3, Number 29 (2)

b. Yourself (1)

c. If you are currently married, enter "1" for your spouse (1)

d. The rest are 0

I can't think of any thing else. I would love to get feedback from the forum on whether I interpreted the RFE correctly.

Thanks in advance

Hello,

We received a RFE today for the I-485 and we feel might be screwed. They're asking for evidence of shared marital life together after early May 2023 (we got married around then). We don't have anything like shared utility bills, leases, etc., because we live with my family and most of the things are in my parents' name and we never bothered to open a joint bank account or anything like that. What we do have is a lot of pictures together in the past 5 months showing us going on many trips together, but I'm not sure what is enough. Not sure what to do or if it's too late to get new evidence. We have a few months to respond to the RFE.