JessicaS

Hi all

I am a k1 who recently got AOS approved. I had my son travel with me, so he also has his AOS approved as well.

I have a daughter who is 15, who is unexpectedly having to follow to join.

I have not been able to find a definite answer on how long a follow to join has after entering the USA to submit the AOS forms? I know that I had 90 days to marry and apply for AOS, but as she is following to join, I am unsure as to whether we will have to submit her AOS as soon as she enters the USA, or if we have a certain time frame in which to submit her i-485.

Does anyone know for sure? I would greatly appreciate any information at all.

Have a great day

Hi Kahls and Greg,

I just wanted to let you know my personal experience with this. My stepkids came over to join to follow in March 2012. Although we had fully intended to file for AOS by 90 days, the economic climate in the U.S. meant at that time we didn't have $2000 to apply. We ended up applying 180 days later. I can happily report there were no problems and both kids were recently granted their green cards without issue. But as JimVaPhoung rightly suggests, do it as soon as you can. Just wanted to let you know in case you were in a similar position.

Good luck!

Jessica

Hi everyone,

Tomorrow is my stepdaughter's green card interview (she is on a K-2 visa). Strange that we have the interview, I've read 99% of K2s just get the green card (my husband had a K-1 and even he didn't require an interview). If anyone has attended a K-2, do I need to bring anything besides her passport?

Thanks,

Jessica

I was in the exact situation a few years ago. I'm not saying its the right thing, but out of ignorance I never filed taxes on income earned overseas (lived abroad for 10 yrs). Our lawyer advised us that my overseas income didn't count towards sponsoring my husband but getting another sponsor would be fine. My dad ended up being my husband's sponsor and it worked out fine. Do you have someone that could sponsor you in the U.S. to avoid all that backfiling now (and perhaps do it later)?

Good luck!

Jessica

Hi all,

Thanks everyone for responding. It's been a crazy week and I nearly forgot I posted this question!

Here's the exact wording:

'Based on the documents submitted with Form I864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% (100% if military)of the federal poverty line for the petitioner/sponsor's household size'

To address questions:

-I did have separate I864s for each child

-My husband (LPR) did include a I864a for each child

Thoughts?

Thanks again,

Jessica

Hi all,

We've gotten some strange information from USCIS. My husband & I are in the process of getting my stepkid's green cards, via a K-2. For my stepdaughter, we received not only her work authorization, but an appt for interview (she is 12). For my stepson who is 6, we've received a RFE, stating we don't have enough $$ to support him. Together, my husband and my income totals $52,000 and we have no other dependents, so this in itself doesn't make sense. Their application was sent in together. Why the RFE on my stepson and not my stepdaughter?

What does this mean? First, should I worry that they've requested an interview for my stepdaughter (my husband didn't have one and got his GC just fine)? Secondly, do I want to point out this discrepency, because it might make the situation worse? We can ask my dad to sign as a co-sponser, but it would be nice if we don't have too. All the paperwork is a bit invasive and he's already done it for my husband 2 yrs ago.

Thought? Advice?

Thank you!

Jessica

I'm going to bump this because we file in the exact same way, although USCIS only just let us know they recieved the application. I'm wondering if we'll run into the same issue.

Jessica

This makes me feel better...sent ours out 10 days ago and nothing yet, not even the cashed checks. I expected a quick return. With my husband, we got the biometrics letter in 10 days!

Good luck to all

Jessica

Vanessa&Tony, thank you for taking the time to reply! I feel much better. We definitely together are 125% above poverty line so it should work.

Thanks again!

Jessica

Hi all,

K-2 folks, hope you can help.

My stepkids came in on K-2 visas, using the follow to join benefit.

On my husband's initial K-1 application (we are married), the children were listed, BUT on his I-864 affidavit of support form they were not. My then stepfather signed the I-864 for them when they were applying for their K-2s, but at the embassy at the time of handing in their application the embassy officer gave back the I-864 form but kept all others.

As we are now submitting for their AOS, the stepfather is no longer around. Here's the question. Do they even NEED to submit this form? If so, can the sponsor change? Can it be me and my husband (he was 'supported') by my Dad.

Any words of wisdom would be much appeciated.

Thank you,

Jessica

I should add that our income from the last three taxes years would not cover it (we lived abroad and the USCIS would not allow my salary, which was from a British organization (I'm the U.S. citizen) to be used for my husband's sponsor on the K-1 (my dad sponsored him)

Hi there,

I have a question I'm hoping someone could answer. My husband (who came here on a K-1 and we married) 2 children were granted K-2 visas afterwards on the 'following to join' benefits. We are now on the verge of submitting their AOSs. The issue is that their original sponsor, my mother's husband is no longer in the picture (nasty divorce). Will a change of sponsor cause a problem? Can my husband and I are serve as sponsors? We have the income to do so.

Thanks,

Jessica

Thanks again for your feedback. The kids are 6 and 11.

We'll continue to try and scrounge up $$ but may have to delay if we simply can't. We'll just continue to be law abiding citizens!

Jessica

Thanks for your reply. Just a quick follow up. If we apply after the I94 expires, can they ever get deported? Of course we'd want to adjust asap, but simply need an extra month or two to get the cash together.

Thanks again,

Jessica

Hi all,

Strange question, I know since everyone wants one. The issue is this....my stepkids were granted K-2 visas and they are now living with me and my husband. It takes a lot of money to fly 2 kids from Africa and have all the costs associated with getting them everything they need, etc etc. We now have a month until their 3 month extension given at the entry airport expires. However, trying to come up with $2000 after all that is difficult. Does anyone know if one can delay the green card process? Can they stay longer without applying for the green card? Any info would be appreciated.

Thanks in advance,

Jessica

Speaking from personal experience...

My husband and I moved back to the U.S. after his K-1 was approved. After 10 months we petitioned to get my 2 stepkids over. It was surprisingly quick. Since the kids were listed in my husband's petition, we didn't have to deal with USCIS, we talked directly to the embassy. We got their visa in 6 weeks (we still had paperwork, doc visit, interview etc). Note that if you do not do this within 12 months of the K-1 being awarded, the kids have to wait in line with all other family member type petitions and could take years.

Good luck

Jessica

Congratulations to you both!!

Kimbear--its incredible what a senator can do. You're application was probably lost in the system or something. The fact that the approval can come so quick since your senator spoke to them is incredible.

Yey!!! Welcome to America baby!

Congrats Naijabound!

Thanks Katie--the process was incredibly easy. They even gave BACK the financial sponsorship papers after the interview. Felt that was a good sign!

Have a good weekend all

J

Congrats Arabella! Yay!

I'm really sorry you guys are all going through this. Make me laugh though...KimBear, I have dreamed of telling off the embassy in Sierra Leone many times but thought 'need to wait till they can't revoke anything!'. Go get 'em!

Jessica

YEEEESSSSS!!!!!!!!!!!!!!!!!!!!

Congratulations!!

Did you send it with a required signature meaning someone has to sign for it at USCIS? If so then you at least know they got it.

I bet they did get it though. What are the chances it was lost? I'm SURE its the lousy update system they got going on. I remember one person saying they never got an update that their GC was approved, and received it in the mail!

Hang in there...easier said then done I know. Sifa's GC is coming....

Jessica

Hi folks,

Hoping someone has some information on the following.

My husband, who just received his green card last month from a K-1 visa, is now petitioning to bring over his 2 minor children. Its been less than a year, and they were named on his original application, so they are allowed to apply for a K-2 visa (follow to join). The Sierra Leone embassy is scheduling their interview next month (I just emailed them to say we want to apply for the kids and they are ready to give them interview with no additional paperwork!). The info they gave us on the K visa requirements is the same they gave my husband last year when he was applying for his K-1 and some things are a bit general. Here goes:

Given we were both working in Sierra Leone at the time he filed his application, I did not have U.S. based income to support him, and thus my dad is my husband's sponsor for the K-1/green card. Now, for the kids, will we have to show financial support for them? Or is the fact that my husband has his green card mean nothing else is required. We both have jobs now in the U.S., but they are new and we don't have tax forms to back things up.

Any info will be appreciated.

Thanks,

Jessica

Yay!!!!! Good luck!

Jessica

Sorry guys you are going through this

Its hard to trust what comes out of USCIS. I called the other day to find out how to get my husband's *original* K-1 visa application (he needs it for getting his kids here on a join to follow). Anyhoo-the guy told me to use one form (a FOIA request). When I look at the directions to the form it says in bold, 'Do not use this form for requesting *original* documents'. UGH, really USCIS guy, after it took 20 minutes to actually find a way to talk to a human on that line?

Good luck guys. You'll get through it, although it will be one huge pain in the ####!

Jessica

Hi there,

Hoping someone can help me. Finally mastered the fiancée visa/GC process, now onto new bureaucracy!

My husband immigrated here to the U.S. this year and got his Green Card a few weeks ago. We would now like to petition to bring his two minor children here as well. It appears that we can use a 'following to join' benefits (form I-824) which will hopefully make things quicker. My questions are this:

1) The I-824 form request the ORIGINAL application/petition (I presume this would be his fiancee visa application).

How is this possible? The original sits at the U.S. Embassy in Sierra Leone. Can anyone advise on what is possible/acceptable?

2) My husband is the father of the children, and it is stated on the kids' birth certificates. However, he and the mother were never married. Looking at instructions for form I-130, a similar process, it states that for fathers, a blood test may be required. Does anyone have any experience with this?

Thanks in advance for your help.

Best wishes

Jessica