On 8/3/2022 at 5:11 PM, Family said:

@TennisSoccer did you manage to send in the I-485 for you and mom? 

Following up on this thread a few months later. I had my biometrics appointment Dec 2022, and after waiting a number of months I received my EAD, and now have my green card interview scheduled. Initially, It was scheduled for Aug 2023, but got a cancellation notice and then a follow-up scheduling for Sep 2023 (shortly after making this post). Putting together all the required documents now and wanted to post an update thanking VisaJourney and the members for all the help. Hopefully, I will have another good update to post in a few days of confirmation after the interview that my green card will be approved!

On 10/18/2022 at 1:18 PM, Adventine said:

Thanks for clarifying. It will definitely be useful for future readers. 

 

I take it that was the only hiccup and you're just waiting for the new passport to be delivered? 

Yes, I have now gotten the tracking number and my new foreign passport should arrive in 2 days!

Waiting for my NOA1 as I submitted my I-485 and other documents late last week. Will likely update with timeline later.

Thanks for the help with answers!

On 10/10/2022 at 8:00 PM, Adventine said:

This is a classic example of confusing instructions written by someone who never asked a second person to proofread their work. 

 

For point #1 it should have read *example*, green card. Because clearly a US citizen should not have a green card. 

 

For point #2, yes, your birth certificate will do.

 

It's a good idea to bring all your old passports too. Those items should be enough to prove you are a PH citizen.

 

I never looked into expedited passport processing at the PH embassy in DC but the normal processing turnaround times last year was 6-8 weeks. Not that much of a wait, really.

 

PH dual citizenship is relatively easy to acquire. You can easily take care of it with another visit to the embassy in DC. But that can wait until after you've resolved your GC and US naturalization issues.

 

It's very strange that your mother didn't decide to continue with her own AOS application. From what I understood, your AOS application is dependent on hers. I hope you have addressed this with your lawyer. 

After completing this passport renewal yesterday, having my birth certificate does not qualify as an example that I am still as PH citizen while having an expired Visa. Instead they had me read and sign a sworn statement that I am still a PH citizen. Just for future knowledge and information for others. They provided this document there.

1 hour ago, Adventine said:

This is a classic example of confusing instructions written by someone who never asked a second person to proofread their work. 

 

For point #1 it should have read *example*, green card. Because clearly a US citizen should not have a green card. 

 

For point #2, yes, your birth certificate will do.

 

It's a good idea to bring all your old passports too. Those items should be enough to prove you are a PH citizen.

 

I never looked into expedited passport processing at the PH embassy in DC but the normal processing turnaround times last year was 6-8 weeks. Not that much of a wait, really.

 

PH dual citizenship is relatively easy to acquire. You can easily take care of it with another visit to the embassy in DC. But that can wait until after you've resolved your GC and US naturalization issues.

 

It's very strange that your mother didn't decide to continue with her own AOS application. From what I understood, your AOS application is dependent on hers. I hope you have addressed this with your lawyer. 

Thank you for the helpful answers, and yes to circle back to the last point, this has been address with the lawyers.

Due to me being above the age of 21, and the Matter of Le case setting precedence I am able to file on my own. The only requirement was getting the Affidavit of Support signed by step-dad, which I was able to do.

For an example, we spoke with the law firm/lawyers associated with a similar case to this, https://rreeves.com/derivative-of-k-1-fiancee-visa-holder-found-eligible-for-green-card/, which helped navigate the complex situation.

6 minutes ago, Lil bear said:

https://www.us-passport-service-guide.com/how-to-renew-a-philippine-passport-in-the-us.html#:~:text=Philippine Passport Renewal Application Requirements&text=A copy of any valid,name must be clearly visible.&text=Passport fee (%2460) which,certified check or cashier's check.

This is a page that I have found before, but resulted in the questions above.

• Proof that applicant has not applied for foreign citizenship (green card)
  • What qualifies as proof I have not applied for a green card?
• A copy of any valid proof of identification (driver's license, birth certificate, marriage certificate, etc) Middle name must be clearly visible.
  • I assume that a copy of my original birth certificate qualifies, but just wanted to verify.

39 minutes ago, Adventine said:

 

I remember your previous thread and understand that you are trying to resolve issues that should have been your parents' responsibility many years ago.

 

I renewed my passport at the PH embassy in Washington DC last year, after I filed my own AOS package but before I got any US-issued ID. The only difference was that my passport at the time was still valid.

 

No issues either with the PH passport renewal or the AOS package.

 

You remain a PH citizen with a right to renew your PH passport at the US consulate that covers your US home state. The PH consular officers have seen pretty much everything and your case, while unusual, is not a hard stop to renewing your PH passport.

 

Can you share the source where you read that you must provide an *unexpired* government ID with your AOS package?

 

Great! Thank you for the clarification. This certainly is helpful. Looking back I can't find concrete evidence related to needing an unexpired government ID, it may have been a mix-up while reading all of the information.

You seem like you are knowledgeable in this area, do you mind helping with a few more related questions that you may have experience with?

We will also be going to the embassy in DC to renew my expired passport. What documents do I need to bring to prove that I am still a Filipino citizen? I have my original expired passport with my expired K-2 visa stapled inside, my birth certificate, and my "new" passport that is since expired that I got from the embassy in NYC. Is there anything else I could bring that would support me?

Related to the above, are you aware of any way of expediting the passport process, I have only seen information about if you get it within the Philippines?

Also related, have you looked into the dual citizenship process? It is something I am interested in doing down the road, and seems straight forward enough to apply for after going through the naturalization process in the US.


Lastly, just to clarify my intended next steps:

1. Next weekend (Monday/Tuesday) I will be going to DC to renew my PH passport
   1. I am going to call the embassy tomorrow and ask the same questions about supporting documents (they are closed today due to the holiday)
2. Next week I have my civil surgeon exam part 1, and a few days later the second part.
3. After that I am going to submit my application (using photocopies of my old passports as ID)

As you probably noticed, I don't have any information related to my mom, she decided not to continue with the application, which after talking to a few lawyers, due to the Matter of Le and that she and my step-dad upheld their obligations to marry within the 90 day time period, and are together to this day, I am able to submit my AOS. My step-dad filled out the Affidavit of Support, which was the only missing puzzle piece which helps simplify this process. 

Thank you again for the help!

The only question I need help answering is understanding if there is any issue renewing my foreign passport and then using that as photo identification in my I-485 and other AOS documents.

I understand that I wouldn't be able to apply for my foreign passport after I am approved for a green card as I will not be a permanent resident of my foreign passport location. I just want to make sure there isn't any issue applying for a foreign passport before I apply for a green card.

14 hours ago, Jorgedig said:

You are out of status.  On what basis can you adjust status?

This is unrelated to the question I asked, after talking with immigration lawyers and explaining the entire situation, I am eligible to apply for a greencard.

Checklist of Required Initial Evidence for Immediate Relatives and Family-Based Preference Form I-485 Applicants 

@K1visaHopeful

Reading the "Required Initial Evidence for I-485" it listed a copy of your government issued identity document. From other sources we have read that this needs to be valid and unexpired.

Hi all,

I am a K-2 expired visa holder applying for AOS (see my other posts for more information), I have gotten legal help to sort through most issues, but have a few remaining questions that hopefully the community can help answer.

I currently don't have any unexpired photo identification documents. From my understanding, I shouldn't have any issue renewing my foreign passport, and after receiving it, submitting my AOS documents. Does this make sense?

Timeline wise, is there any possibility of submitting the AOS while waiting for the new passport to arrive in the mail as it is said to take 4-6 weeks, and just use the old passports/receipt from the new passport(?). I will be submitting photocopies of my expired passports with expired visa (one passport is already invalidated with holes punched, and I would expect them to do the same when I renew to my other passport). I understand this is unlikely, as I do not have any other valid forms of photo identification.

My ideal plan would be to renew my passport in the next week, and submit my AOS after my medical exam in the next 2 weeks.

Thanks for the help, and I look forward to hearing back.

10 hours ago, Family said:

I was hoping you would get a great deal of help, especially from those who were very active at your initial post. Forgive my own delay , here a few answers to your awesome questions:

1. No problem w having different addresses from your stepfather ( I-864) or mom ( K-1) 

2. no translation for b/c that is issued w  English fields  or in English 

3. Hopefully you look at that fear as your driving force and motivation ( it got YOU here , ready to tackle what the adult stepfather should have handled a lifetime ago). As long as you follow through with the process, you get to fight your case.

4. Organize your packet as follows : ONLY one set up supporting documents is required, but make sure you keep an EXACT copy of everything as submitted. ( ****you and mom need a complete separate packet , seal each in its own envelope first, then place both into another priority mail envelope and write “ Family of TWO DO NOT SEPARATE “ on front of envelope.

Cover Letter/ Exhibits Page that lists EVERY PIECE of document included , use bullet points or numbers with a short description of the item . 

Forms 

Supporting documents ( B/C, visa and passport entry page , moms marriage certificate, stepfather’s proof of USC…

Call and find out process to get your school records  ( elementary/ high school , not for grades but it show both mom and stepfather listed as custodians . usually your HS already has the elementary records so you only need to contact the HS) . This just goes to substantiate the reasons for delayed filing, especially important because your stepfather has knowingly failed to help you and mom obtain timely status . 
5. Yes do both so you stay on top. Help mom create account as well and tell her you will help with any issues that may come up as well ( RFE’s…)

6. I-131 is optional but , worth filing for since there is no separate fee. I was initially fearful in my earlier post that USCIS is applying Matter of Z-R-Z-C across the board and even treating DACA the same as TPS …but at least one CA Field District just approved I-485  ( filed March 2022, interview and approved April , 2022) with a DACA I-131 entry made in Jan, 2022 . ***So YES do the I-131 ****and use it ! 
 

7. All questions are good. Yes you can do both type and handwritten entries to any forms .

8. K-1 and K-2 is fine 

9. pending status for mom “ I-485  pending/ IR spouse of USC “ for you “ I-485 pending IR/ child of USC”

( a child or stepchild is treated the same for immigration purposes) 

10. If your biological father is listed on your birth certificate, include his name and for everything else asked about him write “ UNK” unknown 

If biological father is not on birth certificate, write “ Not listed/ None” and “ UNK for everything else 

11. Use one box to respond , don’t create separate  fields / item numbers , just write for example : part x , page y, item z : ( if mom had 2 kids that need to be added: 

Jane Doe , dob xxx, pob: USA 

Joe Doe, dob , xxx, pob: USA 

12. Write : NONE ( Even if you belonged to Mensa or the Masons , it’s an intrusive question)

13. Yes, you GOT this ! Bravo. You are doing well.

14. Put N/A on every blank on questions that do not apply to you, but put NONE on first field and N/A and additional fields. Example: Other names : first field NONE , rest N/A

15. Yes (C)(9) is correct for both of you 

16. I-864 . Stop for a moment and review my previous post. IF mom can show a Social Security Statement ( stepfather’s name that shows him working/ earning 40 credits during the last 10 years) she uses an I-864 W and comes in FULLY VESTED …you have not responded to that question so 

Assuming mom can’t do I-864 W , the there is ONLY ONE I-864 that needs to be done by your stepfather , for your mom and it will list YOU has the additional family member, exactly as you posted ( part 3, item 2). The original I-864 goes in mom’s packet, a copy of the I-864 in your packet . 
 

 

Again, sorry for the delay, I was suspended from accessing VJ. ..Try to post shorter questions so you can get lots of feed and stay active on VJ , I am sure you will be able to help many as well….

 

 

Thank you for the response, going to go through each one. I had hoped for more response with the many comments previously, but working through it non VJ, but having difficulty finding free/pro-bono resources. Slowly making progress, and your response will be helpful. Thanks again!

Thank you for the additional info, that is certainly something to look for and I will start doing so. From the Philippines.

Here is a list of questions:

1. I currently don't live at the same address as my mom/step-dad, is there any issues with putting different address, for affidavit of support, etc.?
2. Does my birth certificate from the Philippines need to be translate into English?
3. Just to alleviate my fears, what are the chances I get sent back to the Philippines if I get rejected, even though I have only ever known the US?
4. I will follow-up with the list of documents that we have put together as a checklist for all of the required documents I listed in a previous post, but is there a single list that has all of the required documents, which documents I need duplicates of, etc.? I have seen that I need 4 copies of passport style photos, but only 2 are required for each document, so I know duplicates are required in some places.
5. G-1145 to get e-updates, is this worth doing? Is this the same as creating a USCIS account to track information?
6. Filling out the I-131, it seems this isn't required but we may as well fill it out. From this step-by-step guide, it seems that leaving sections 4, 5, and 6 blank are okay. Part 7 for advanced parole, it seems like the other documents that we will submit together are enough evidence to warrant it being issued?
7. Dumb question, but am I able to type out information and print other information, like the combination of the two isn't an issue?
8. I-485 part 1, item 25a. "I was inspected at a port of entry and admitted as…" is there a list of correct ways to fill this out, or is simply writing "K-1/Fiancé" for my mom and "K-2 derivative" for me good?
9. I-485 part 1, item 27 "What is your current immigration status, if it has changed since arrival?" is this "Overstay" or should I not list anything as my status has not officially changed?
10. I-485 part 4, 9.a "Parent 2 information" Not even sure if my real dad is on my birth certificate, waiting for mom to send copy, should he be listed here? I have no contact with him at all.
11. I-485 part 14 Additional Information, is the correct way to use this, refer to the start of the question? So if I was adding more information about my siblings born in the USA to my mom's document, I would write "Page 8, part 6, item number 2.a" and list the same information as that section, like below? Or do I need to refer to each item number specifically and so Family Name would be in 2.a, but Given name would be in a separate box marked with 2.b?
    
    Family Name: Smith
    Given Name: Jane
    Middle Name: X
    A-number: etc....
     
12. I-485 part 8, what organizations need to be included? High-school organizations, or is this just referring to larger groups like political, etc.?
13. I-485 part 8 item 17, "Have you ever violated the terms or conditions of your nonimmigrant status?" Should I mark yes, and add supporting explanation that I am an overstay?
14. I-765 most documents list at the top, if the answer is blank to fill in with N/A or none, but this one doesn't say that, should we fill out blank answers with N/A or none?
15. I-765 part 2, item 27, the eligibility category from the "Who may file form I-765" (page 15, middle of page) seems to say that we should use (c)(9) as this is going to be submitted with our pending application?
16. I-864 part 3, item 2, "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant (do not include any relative listed on a separate visa petition)" The documents we are submitting is a separate visa for me, correct? Or am I misunderstanding and they are all submitted at once so this is the correct option to pick, and list myself as family member 1 with my mother being the principal immigrant?

Sorry for the long list of questions, but figure that someone can help answer or direct me elsewhere to get answers. Thanks again for the help so far!

Thank you all for the information, a friend posted on my behalf, but working through information listed here. There is no criminal record for my mother, just difficulty to deal with, but are hopeful that she will be helpful in getting documents together, signing paperwork, etc.

From the initial post, the goals have changed to reflect the above, we are going to be submitting an adjustment of status for us both with these documents being prepared so far:

I-131
I-485
I-693
I-765

And an I-864 for us both together. I have specific questions that I haven't been able to answer that maybe someone could direct me to free/pro-bono resources, like:

On the I-485 part 1, item 16, I have a social security card that is marked as "Not Valid for Employment" should I mark that I need a new one, or can that be left as no?
On the I-485, part 2, item 5.a, denotes, "If you are a derivative applicant, a child under 21 years of age of a principal applicant, provide information for a principal applicant below." How does this change as I am now above the age of 21? Is Matter of Le relevant in this situation?

I have a list of maybe 10-15 questions similar to the above that I would ideally like to sit down with someone and get clear answers, put all the documents and required supporting papers (copy of step-dad passport, tax returns, marriage certificate, number of passport photos, etc.) in order, before approaching my mom/step-dad to get these from them as well as sign all of the papers.

Any suggestions for free/pro-bono resources that I can meet with over the internet would be ideal.

Thanks again for the help so far!

When I was a child, under 10 years old, I was brought to the United States with a K-2 Visa and have been here ever since (am now slightly older than 21). My K-1 visa mother married my stepfather during the 90 day period, but they never went through the application process for the green card for my mom or myself. They have not made any progress on my, or my mom's behalf, so I am taking things into my own hands as I would like to get my green card so I can finish school, gain employment and travel. I am hoping to be able to complete all required documentation with minimal involvement to get signatures, proof documents, etc. from my stepdad and mom.

From free consultations I have gotten a list of documents that I need to complete including I-485, I-765, I-131, I-864, etc. I am getting these completed and going to be talking with some free resources I have access through college that I attended for a period of time.

Just to help my anxiety, if I go through this process and get denied at the end, what are the chances I get sent back to my mothers home country that I have very little relation to.

Any tips and advice, as I wasn't able to find any similar posts to this situation, would be helpful. I think this is similar to the Matter of Le case from 2011.

Thank you.