erdosnew

Hi, i'm the in process of filing tax return for 2021 and have a question regarding k-2 child support:

My fiancee (wife now) and her child arrived in the U.S. in Dec 2019, we filed a joint tax return last year, but didn't include her child as dependent because he didn't have a SSN.  They adjusted their status last summer(2021) and we were able to get the child a SSN.  so this year we're able to include him as a dependent on our joint return.

Here's the question:  Is it possible to backtrack and get child credit for year 2020  since I supported him but couldn't claim him as dependent because lack of a SSN last year?

we, actually my wife and stepson, had their interview last Friday (8/13),  I was accompanying them, just asked how we met, did we have wedding or trips together, etc. Interview lasted 30 minutes, we hired a phone interpreter for my wife since she doesn't speak English well.  USCIS status afterwards showing new card is being produced.

we filed AoS in July 2020, biometric was initially scheduled for Sep 2020 but we missed, was rescheduled for 6/29/21, afterwards we received interview letter in July 21.

Good luck to everyone still waiting for interview!

Just want to share our experience:

we had our AoS interview today, my k1 wife doesn't speak English well, so the interview was conducted via a translator over the phone with USCIS immigration officer.  All went well, we brought signed copy of g-1256 Interpreter Declaration form with us. 

hi, we had our biometric appoint for AoS on 8/27.  

However, i just found in my mail biometric appointment scheduled for 9/08, which has passed.  just wondering does USCIS schedule for more than one biometric appoint for AoS applicant?

On 8/17/2020 at 11:44 PM, AC&MH said:

Finally some good news for us...

 

After resubmitting our wrongfully rejected K1 and K2 AOS

 

CC was charged on 8/12

SMS were received 8/17 for all 6 forms

 

Best wishes for everyone else going through this...

 

 

 

Congratulations! 

it's quite a journey for us as well, we went through on the third submit.  

On 7/24/2020 at 9:46 PM, D.Salagubang said:

I'm sure it will! All the good luck.

thank you!  It went through this time

Timeline update:

Date mailed: 07/23

Date Received: 07/25

check  cashed: 08/07

NOA1 text: 08/11

NOA1 letters: 08/17
Biometrics appt. date 8/27

This is our third filing and finally got accepted -  we first filed in May (rejected for using outdated i-485 form), second submit filed in June and rejected due to  'cannot establish a priority date...' .

Timeline update

Date mailed: 07/23

Date Received: 07/25

check  cashed: 08/07

NOA1 text: 08/11

NOA1 letters: 08/17
Biometrics appt. date 8/27

This is our third filing and finally got accepted -  we first filed in May (rejected for using outdated i-485 form), second submit filed in June and rejected due to  'cannot establish a priority date...' .

thank you for the reply!  

We have listed the child as principal immigrant on his I-864, besides the I-864 for my wife. 

Hopefully it's going through this time. 

Hi, we're preparing for re-submission of AoS for K1 and K2.

I'm applying for both wife and son as k1/k2 applicants in the same time, they both entered US at the same time last December and we're married in  Jan.  what we included in our last AoS submission was to provide a copy of wife's i-864 (affidavit of support) in son's AoS listing wife as principal applicant and son as family member, it was rejected for reason 'Priority date could not be established'.  we're rechecking the forms and noticed that this thread on the forum.  the  case was rejected by USCIS for k2's  i-864.  

so now should i prepare a separate i-864 for our son ( he's 9)  listing him as the principal applicant and my k1 wife as family member?

2 hours ago, Georgia16 said:

No she would sign her name. A child under 14 can’t sign and they can’t see if it’s the child who signed or mom that signed if she use his name. She will sign as the parent in his place 

Thank you!  We didn't know that before - we must have overlooked the instruction for this part.   we Will update our application.

2 minutes ago, Georgia16 said:

No the I-130 have nothing to do with the K-1/2 so that’s not needed. 
but if the child signed and is under 14 then that’s probably why you got it back. 

Thanks for the confirmation about I-130.

So my wife should sign on behalf of the child?  not signing her name but child's name, right?

12 minutes ago, Georgia16 said:

If under 14 the child’s parent sign in the box for the child. 

thank you!  We'll make that correction.

I've read the instruction for I-130 form (petition for alien relative)  as stated in 797 NOA as requirement for k2,  to make sure it doesn't apply to our case.  Since both wife/child were admitted into US as k1/k2 visa holders, that seems to confirm our assumption that it doesn't apply.  

I'm considering to include a letter to explain that we're filing the AoS concurrently for wife and child on our AoS resubmit,  hence I-130 isn't required.  

On 7/17/2020 at 11:51 AM, Georgia16 said:

Who signed the kids petition and where? That could also be why

hi, thanks for the suggestion.

The child (9 yrs old) signed the following applications/forms we prepared for him:

I-485 (AoS)

I-944 (Declaration of Self-Sufficiency)

I-765 (EAD)

I-131 (AP)

I, as a USC sponsor, signed the forms both as interpreter and preparer. And signed the individual I-864 form prepared for the child.  The contact info are filled with my wife's phone/emails.

Did we do it right?

6 minutes ago, Ayrton said:

I've said before:

 

"Your priority date could not be established" is not the reason for rejection. It's the consequence.

 

Since your AOS package was "incomplete", they rejected it and couldn't establish a priority date for your AOS. It has nothing to do with the priority date from K1, which doesn't exist, but most people use NOA1 date. 

 

That sentence just means you need to start the AOS back from the beginning

 

Most people misunderstand that sentence.

Thanks! 

We'll go through our application again and make sure they're in order.  I'm at a loss since USCIS didn't clarify on what could be the cause.  Also, as suggested, try to email lockbox for the reason of rejection.

After going through our I-485 forms again, I just want to mention that we filled in the Priority date with Notice date from I-797 NOA2 for I-129F K1 application.

This is Part 2, item 13 on wife's form, and Part 2, item 18 on child's form.

It was mentioned on the forum that these fields should be leave as 'Not Applicable' for k1/k2 applicants,  Maybe USCIS rejected our case for the reason on i-797 NOA -  'your priority date could not established'?

2 hours ago, AC&MH said:

Same exact rejection we got. 

 

Jerks had our package for over a month then rejected the whole thing and sent it back. 

 

Nothing was off on our forms as well.

 

I called the Call Center on 2 occasions and received a call back from a level 2 Officer who reviewed our information and the rejection notice and said the rejection was made in error.  She apologized and said she had unfortunately seen a lot of these issues from the Chicago lockbox. So this is a known problem.

 

Basically your only option is resubmit, as she told us.  I included another letter and evidence addressing the priority date nonsense, including copies of our approved i129f and every noa/letter we have received from USCIS/NVC/Embassy throughout the process.

 

I also separated the payments instead of using 1 CC form for both.

 

Well see what happens.  At this point I have zero confidence these idiots are the least bit competent.

 

Everyone is at the mercy of these people. 

 

Its merely a matter of luck whether your package gets accepted or not.  Matters not if you filled everything out correctly. You can and will still be rejected if you get the wrong person looking at your files.

 

Good luck....you will need it.

Same exact rejection we got. 

 

Jerks had our package for over a month then rejected the whole thing and sent it back. 

 

Nothing was off on our forms as well.

 

I called the Call Center on 2 occasions and received a call back from a level 2 Officer who reviewed our information and the rejection notice and said the rejection was made in error.  She apologized and said she had unfortunately seen a lot of these issues from the Chicago lockbox. So this is a known problem.

 

Basically your only option is resubmit, as she told us.  I included another letter and evidence addressing the priority date nonsense, including copies of our approved i129f and every noa/letter we have received from USCIS/NVC/Embassy throughout the process.

 

I also separated the payments instead of using 1 CC form for both.

 

Well see what happens.  At this point I have zero confidence these idiots are the least bit competent.

 

Everyone is at the mercy of these people. 

 

Its merely a matter of luck whether your package gets accepted or not.  Matters not if you filled everything out correctly. You can and will still be rejected if you get the wrong person looking at your files.

 

Good luck....you will need it.

Thank you for the reply!

We called and spoke to USCIS representative yesterday afternoon for our case, I read him the rejection notice and he went over the Part 2 of 485 form with me to make sure We checked the right category (family based k1/k2), but couldn't offer further help since he doesn't have access to the forms, he asked me to call back to request for a Level 2 representative.

After another call this morning with USCIS, I got a call back from Level 2 service rep.  After I read her what's on the I-797 NOA,  the lady asked me whether I filed I-130 as stated on i-797 NOA, I replied that I didn't and don't think that's applicable to our case since we're adjusting status based on K1/k2.  She suggested me to google 'Free Immigration Help' services and get help from them.  and couldn't offer anymore advice beyond that.   

I'm really confused on what to do next, should I do as USCIS suggested and get help with 'Free Immigration Help'?

12 hours ago, Ayrton said:

Did you use (c)(9) for EAD?

Yes, we used (c)(9) for both EADs.    And use I-944 and I-865 for each applicant with included evidence.  NOA2 approval letter was included for child package as well. 

1 hour ago, Allaboutwaiting said:

The letter mentions the I-864 and you didn't mention including it. 

So it seems you forgot the EXTREMELY important affidavit of support. 

HI, my bad of not mentioning it.   We included both I-944 and I-864 forms in the application, for both my wife and her child.  Yes, we combined the payment in one check of $1975 ($1140 + 85 biometric for wife, $750 for child under 14). we filed for I-131 travel and I-765 employment concurrently. 

Box 2c were checked,  Part 2, box 1 was marked 'Principal applicant' for wife, and 'Derivative applicant' for the child.  

Part 2, 11  'are you applying for adjustment based on the Immigration and Nationality Act (INA) section 240(i),  were marked 'NO' on both I-485 forms.  

38 minutes ago, Pinkrlion said:

What are you selecting on I-485 as the reason for filing AOS?  

Family base box 2(c) on page 3 of I-485,  on wife's form, checked  'principal applicant' for Part 2-1, on child's form, as 'derivative applicant' for Part 2-1. 

32 minutes ago, H&T said:

Did you check box 2c on I-485?

We checked Box 2c on both I-485 forms for my wife and her child (child is 9 yrs old).

37 minutes ago, aaron2020 said:

Did you get marry after her first 90 days in the US?

 

When did they enter the US?  Exact date.

When did you get marry?  Exact date.

They entered U.S. on 12/12/19, and we're married on 01/06/20.  We first filed AoS on 05/06 and was rejected on 05/14 for using outdated i-485 forms.

We resubmitted AoS with new I-485 form and I-944 forms on 6/13 (received by USCIS on 6/15).  

Hi, our AoS package ((received on 6/15 by USCIS) was rejected  and returned on 7/13, this is our second rejection.

We included updated I-485 forms and I-944 forms for both my wife (k1) and her child (k2), they both entered the U.S. at the same time in last December.  We also included the NoA approval letter for 129F petition for K1 visa along with AoS,  the  rejection notice (797)  is for k2 child, my wife's rejection notice refers back to her child's notice.  Stated reason is 'Priority date could not be established etc'    Do i need to submit I-130 form?

Attached rejection notice for K2 applicant, advice is appreciated.

Thank you, guys!  Appreciate your inputs!

We filed AoS in May with i485, I864, I765, & I131 but was rejected and returned for using outdate I-485 form.

Now we're resubmitting AoS with updated i485, i944, and I864, I765, I131.

Hi, My fiancée entered US on Dec. 12th, 2019 on k1, and we're married on Jan. 6th, 2020.  Our initial AoS package was sent and rejected in May because of using outdated I-485 forms.

someone on the forum mentioned that if filed outside of allowed 90 stays for K1 (Mar 10 for us), we need to pay separate fee for AP I-131. USCIS lists the fee for I-131 as $575/ea.  I couldn't find any info on USCIS website for this.

Please advise