HowieD

I agree with joe - I had submitted the NOA2 with the I485 package (we got married within 90 days) - no I130 was required. AOS interview was last week and nothing else was asked for. If you had followed the instructions and guidelines; I know one of them explicitly asks for the NOA2 and I had that on my list of documents. Good Luck

You guys are the greatest! I brag to everyone about this website while listening to my friends who went thru a lawyer and had nothing but frustration.

To all who responded give yourselves two "ATTA BOY"!

Howard and Aoy

Atlanta

This is correct.... If he did not get married within the 90 days of her arrival... Then he would have to file this.. If they asked him to file the I-130 it is because they did not get married within the 90 day period.

If you did get married before the 90 day period then you only need to send your copy of the approval notice and that will fix that problem like he said....

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Thank you. yes we got married a few days after arriving here in the states (oct 29). So I just need to file the NOA and nothing else? I was concerned since it had 1 & 2 at the start as though they wanted two pieces of evidence. You would think that the K1 visa would be evidence of the NOA for the I-29F. You know I have submitted over 200 seperate documents since our journey began. Mostly the same forms and information over and over. INS is truly the department of redundancy department!

One last question, is it proper and allowed to ask for an appt locally here in Atlanta with INS to clarify this letter. I would not like to have our request rejected because of their mistake.

Thanks to everyone for the advice! We couldnt have made it without you all.

Howard and Aoy

Atlanta

I am a bit confused. I brought my wife and her son on a K1/K2 fiancee visa.

Now that I have filed for an AOS I get a request for evidence.

Here is what they are asking of my wife and son:

"(1 & 2) Submit evidence that an immigrant visa petition has been filed on your behalf. Such evidence includes a copy of the I-797 Notice of Action on Form I-129F (Petition for Alien Fiancee), Form I-130 (Petition for Alien Relative), or Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), and/or copy of Form I-171 (Notice of Approval from the Consular Office)."

Ok, I have the I-797 NOA but why would they expect me to have submitted the I-130 when she was not my bride yet? And the Form I-171, I have no idea what that is.

I sent them everything that is needed for an AOS.

Did they make a mistake or did I? Must I now fill out a Form I-130 and pay an additional $190 for each?

I would appreciate some help on how to correct this. Who do I need to contact or what do I need to do.

Desperate!

Howard and Aoy

Atlanta

My son is 11 years old now. It was odd to see the lady at the Social Security office show me on her monitor the requirement for all K2's to have a EAD before getting their SS #. What number do I write on my taxes? The previous I-94 number? Please forgive me if this is partially off topic. Just want to keep everything legal and in order.

Also, I took my wife to get her Georgia state ID card last week but they refused to give her one as she doesnt have a green card yet but does have her SS. We even showed them the NOA for the AOS request.

Oh well, I guess they were attempting to err on the side of caution.

Howard and Aoy

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How old is he? Is he working? If not, you don't need a SSN for him to file your taxes. They wouldn't issue my wife's 9 year-old daughter a card because she was too young and didn't have a valid reason to have one yet.

GREAT! Thanks! I didnt scroll down far enough before I posted my last reply.

Howard and Aoy

You either spring for the EAD card or wait until the AOS is approved and the child is issued an I-551 stamp or card.

In the meantime, it would be best to applied for an ITIN from the IRS by submitting a form W-7 with you tax forms. If the child is issued an ITIN, you should contact IRS once the child is assigned an SSN.

You can download a form W-7 from the IRS Website at:

http://www.irs.gov/formspubs/index.html

You can contact the IRS ITIN office by calling 1-215-516-4846.

You can find additional information on the IRS Website at:

http://www.irs.gov/individuals/article/0,,id=96287,00.html

Any idea how I can get my K2 son his social security card for this tax season? His 1-94 expired Jan 24 and we are still waiting for his AOS interview along with my wife's.

Thanks

Howard and Aoy