JonGalt

21 hours ago, JT4 said:

Hi JonGalt!!

 

Thank you so much!!!

 

Well yeah he hasn't legally adopted my daughter, so I'll just put ONLY my information then  

 

Did your wife have to get an affidavit/sworn statement when filing for AOS?

 

They didn't ask me anything about her biological father on the K1 interview at USem and never asked for such documents.

Do you think they'll probably ask as RFE if I filed the AOS without?

I kinda hope they won't LOL, as I'm already here and would be such a mission to get that done while away from home country, I'm from Indonesia by the way.

 

Once again, thank you so much!

Have a wonderful evening!

My wife did it primarily to leave her country and enter the US. If you're already here and have been talking with agents then I would not worry about it. Sounds like you're on the right track. Good luck!!

14 minutes ago, JT4 said:

Hi everyone

 

I'm just putting all the paperwork together to file for AOS (K-1 and K-2 8yo).

 

I have one question, for the form I-485 for my K-2, Part 4 (information about parents) --given the fact that I was a single parent/sole custody, and only my name on her birth certificate, biological father is past relationship and we were never married-- should I just leave one parent info blank (the father's) or should I put my USC now-husband (then-fiancée) / now-stepfather to my daughter?

 

Thank you in advance  

Have a great day!!

Hi JT4!

Has your husband legally adopted your daughter? If he has, then I would put his information down.

If he hasn't, then I would put ONLY your information down because you are on the birth certificate and legally the only parent. HOWEVER, I know that when I brought my wife and her son (from a previous relationship, she was the only one on the birth certificate), to the USA - she had to get an affidavit/sworn statement that the biological father was not a part of the family and that she had SOLE custody of the child. It appears that you already have sole custody, but I think it's important you get that in writing if you haven't already. She got this statement from the village chief AND the police. A local authority/court should be able to do this for you if you bring sufficient proof.

This statement really helps for a couple of reasons:

1) It makes it clear that you are not taking the child away from the biological father, but rather that she is, has been, and always will be SOLELY your responsibility. It's just reassuring to present to customs/authority figures with official documentation that you 100% have sole custody of your child without ANY dispute. 

2) If your husband wants to adopt your daughter in the future, this makes it much easier!

I hope that clears things up. Good luck!!

Thanks for the quick response.

This process is beyond frustrating and convoluted

Hi! I haven't read everything so pardon me if this has been answered.

I recently filed for my wife and her son K1 and K2 AOS. I put two separate checks, 1070 for my wife, and 635 for her son. My wife's paperwork was accepted and the check cleared my bank, the money was taken. Her son's paperwork was incorrect, so we fixed it and sent it back in. It then got rejected a SECOND time because the payment was wrong.

Does the 635 filing fee not apply anymore because of his rejection the first time? He is under 14.

Thanks!