Can K1 file AOS and k2 file after?

[terann 2]

Good Day Everyone. I would like to ask some insights here with regarding the AOS for me and my 2 K2 6 and 7 years old

We arrived 3months ago and got married before 90 days. My question is since our budget is tight and AOS fee is a bit pricey for three of us, I am wondering if i can apply for AOS first and my K2 will apply for AOS later after we save enough chunk of money for them. What are the steps and how to process for my AOS? I dont know where to start and worried it might affect my kids status if i do mine first. Thanks

[Leatherneck 693]

See the link below for AOS Guide. Yes you can do the AOS for the k2s later.

The cost of filing AOS for the k2s;

• not filing the k2s with your I-485 = $985
• filing with your I-485 = $635

http://www.visajourney.com/content/k1k3aos

Edited June 10, 2014 by Leatherneck

[aaron2020 11,651]

It will be much cheaper to file for you and your kids at the same time.

You can pay $635 for each child if they adjust with you.

If they adjust later, you will need to pay $985 for each child.

So, $1270 now or $1970 later. That's a $700 difference.

[terann 2]

See the link below for AOS Guide. Yes you can do the AOS for the k2s later.

The cost of filing AOS for the k2s;

• not filing the k2s with your I-485 = $985
• filing with your I-485 = $635

http://www.visajourney.com/content/k1k3aos

Thank you Leatherneck that helps a lot!

Is there a time limit until when we can file for them without worrying about what others say out of status? they are 7 and 6 years old.

What about the medical, we had our medical last October 2013.

[Pitaya 2,576]

You can start the AOS process now for yourself and wait until later for the children AOS. However, they will be overstaying after their I-94s expire. They cannot obtain Social Security numbers until they either have an EAD or GC. That may be an issue for school registration in some areas. It also may present an issue for income tax filing purposes. As others have mentioned it is more expensive to file their AOS applications later. Their medical exams may need to be re-done if more than one year elapses since the previous one obtained during the visa interview process. I recall a case where the marriage fell apart between the spouse and the USC, the children's AOS process was not done. It was not an amicable divorce, and it seriously complicated the children's future life in the US. There may be other ramifications, others will likely respond.

accessible at the top of the forum page. In particular:

http://www.visajourney.com/content/k1k3aos

http://www.visajourney.com/content/k1aos

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

Other suggested readings:

http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

http://www.uscis.gov/i-485

Any way you cut it, AOS is expensive. We only had my wife and stepson, the fees add up quickly.

Good luck on your immigration journey.

Edited June 10, 2014 by A&B

[terann 2]

It will be much cheaper to file for you and your kids at the same time.

You can pay $635 for each child if they adjust with you.

If they adjust later, you will need to pay $985 for each child.

So, $1270 now or $1970 later. That's a $700 difference.

Hi aaron2010, thanks for your reply. It would be very nice and wiser to just file aos with my k2s to save $$ but its pretty tight right now. We are making options either ill just wait until we save enough money for the 3 of us or i'll just file first and we are not sure yet when that happens as my husbands work is on and off as off this time and sometimes checks doesn't come on time and bills comes on time , LOL . We need more income that's why maybe by applying AOS i could get my EAD and then hope to work at least part time. Also i would like to ask if my husband can adopt my k2s and is it true it will make them both automatic a US citizen w/o applying for a green card? I am not sure about that, someone told me. Please give me some insights. Thank you very much.

[aaron2020 11,651]

Thank you Leatherneck that helps a lot!

Is there a time limit until when we can file for them without worrying about what others say out of status? they are 7 and 6 years old.

What about the medical, we had our medical last October 2013.

K-2 beneficiaries have 90 days of legal stay in the US.

If you do not file for their AOS, they will be visa overstays after 90 days in the US . . . meaning they will be living here illegally.

What are you going to do about health insurance for them? Only US citizens and LPRs can get benefits through Obamacare. Visa overstays do not qualify.

IMHO, you need to beg and borrow the $1270 to adjust your kids.

It will be easier for them to access benefits available to LPRs but not to people living here illegally.

[aaron2020 11,651]

Hi aaron2010, thanks for your reply. It would be very nice and wiser to just file aos with my k2s to save $$ but its pretty tight right now. We are making options either ill just wait until we save enough money for the 3 of us or i'll just file first and we are not sure yet when that happens as my husbands work is on and off as off this time and sometimes checks doesn't come on time and bills comes on time , LOL . We need more income that's why maybe by applying AOS i could get my EAD and then hope to work at least part time. Also i would like to ask if my husband can adopt my k2s and is it true it will make them both automatic a US citizen w/o applying for a green card? I am not sure about that, someone told me. Please give me some insights. Thank you very much.

"Someone told me" is wrong.

Your USC adopting your children without green cards gets them nothing. They are still illegal overstays.

The Child Citizenship Act requires the children to have green cards before they can derive US citizenship from a USC parent.

If you can't afford the $1270 to adjust, where are you going to get the money to file for an adoption? You do realize it takes time and money right for your husband to adopt your kids.

[terann 2]

Thanks A&B ! This is so helpful thanks everyone who gave me insights. i will read the forums now too.

You can start the AOS process now for yourself and wait until later for the children AOS. However, they will be overstaying after their I-94s expire. They cannot obtain Social Security numbers until they either have an EAD or GC. That may be an issue for school registration in some areas. It also may present an issue for income tax filing purposes. As others have mentioned it is more expensive to file their AOS applications later. Their medical exams may need to be re-done if more than one year elapses since the previous one obtained during the visa interview process. I recall a case where the marriage fell apart between the spouse and the USC, the children's AOS process was not done. It was not an amicable divorce, and it seriously complicated the children's future life in the US. There may be other ramifications, others will likely respond.

accessible at the top of the forum page. In particular:

http://www.visajourney.com/content/k1k3aos

http://www.visajourney.com/content/k1aos

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

Other suggested readings:

http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

http://www.uscis.gov/i-485

Any way you cut it, AOS is expensive. We only had my wife and stepson, the fees add up quickly.

Good luck on your immigration journey.

[terann 2]

"Someone told me" is wrong.

Your USC adopting your children without green cards gets them nothing. They are still illegal overstays.

The Child Citizenship Act requires the children to have green cards before they can derive US citizenship from a USC parent.

If you can't afford the $1270 to adjust, where are you going to get the money to file for an adoption? You do realize it takes time and money right for your husband to adopt your kids.

Thank you for that aaron! I was asking about the adoption cause i thought that could save the $$ for filing the AOS since he would like to adopt them in the future, its why i ask cause i do not know . thanks

[aaron2020 11,651]

Here is another consideration.

No green cards = no Social Security Numbers = no tax deductions or credits for the kids.

If your husband gets green cards for the kids, they can get SSNs. He can add them as dependents on his tax returns.

You said your husband does not make that much money. This means he will probably qualify for the Earned Income Tax Credit.

With the EITC, he can get several thousands of dollars even if he owes no federal taxes.

I know an LPR family that made $20,000 last year. They owed zero in taxes. The EITC got them a refund of $3000.

So, no green cards means giving up thousands of dollars in refundable tax credits.

[Tina and Johan 206]

It will be much cheaper to file for you and your kids at the same time.

You can pay $635 for each child if they adjust with you.

If they adjust later, you will need to pay $985 for each child.

So, $1270 now or $1970 later. That's a $700 difference.

This is so good to know!! I thought it was going to be $985 for our K2! woot!!!

[alanb 0]

On 6/10/2014 at 2:23 PM, aaron2020 said:

Here is another consideration.

No green cards = no Social Security Numbers = no tax deductions or credits for the kids.

If your husband gets green cards for the kids, they can get SSNs. He can add them as dependents on his tax returns.

You said your husband does not make that much money. This means he will probably qualify for the Earned Income Tax Credit.

With the EITC, he can get several thousands of dollars even if he owes no federal taxes.

I know an LPR family that made $20,000 last year. They owed zero in taxes. The EITC got them a refund of $3000.

So, no green cards means giving up thousands of dollars in refundable tax credits.

I just wanted to say this is not accurate.  My K-2 stepkids are "visa overstays" (which is why I'm reading this thread).  We've had ITINs for them since they came, and have legally used them to get our IRS deductions.

 

https://www.irs.gov/individuals/international-taxpayers/general-itin-information

 

Thanks for this thread, and all you guys do here at VJ