FILING AOS but son will arrive later!

[John & Hai Yan]

Has anyone had experience with filing AOS when the minor child has not yet arrived?

 

My SO arrived in the USA on April 16, 2005. We decided to let her son, who is 9 years old, finish out the school year in China. He will arrive in the USA in the beginning of August 2005. We must file for AOS by July 16, 2005. We are trying to send in all the AOS forms tomorrow, but we are unable to figure out how to deal with the son.

 

1) It appears I need to include him on the I-864 form as part of my household. If I include him in part 3 of the form, I must file a seperate Affidavit of support for him. Do I send his Affidavit of support now?

 

2) Do I file a G-325A form for him also? But this needs to be signed by him, which of course he cannot do. Also it requires pictures which we cannot take.

 

3) Can I file for adjustment of status for someone who has not yet entered the states?

 

4) I cannot submit a copy of his I-94 because he hasn't entered the USA yet. Also there is no "A" number/alien registration number yet.

 

I would appreciate any guidance from someone who has been in a similar situation of having the minor child follow after the parent has arrived in the USA. Or from anyone who knows how to handle this situation.

[hakkamike]

The AOS does not need to be filed within the 90 days, you will have no problem at all filing a little later than the 16th of July. You will not have to fill out a G-325A for him, the I-485 instructions state people 14 years old to 79 need to fill one out

[cosmiclobster]

John: Sorry I can't help you other than to concur that you do not need to file within the 90 days.

If I got this wrong then Amy and I are in trouble because it's been over 90 days for us!!

[John & Hai Yan]

Thanks for the replies so far. What is the time limit for filing AOS? I always thought it was 90 days.

 

I should mention that the other reason we are filing AOS now is because we are also filing for (AP) Advance Parole so that she can go back to China to get her son. Her son is nine years old and we don't want him to make the trip alone. Plan "B'" is for me to go back to get him, but he doesn't speak any English, and I don't speak Chinese. We prefer she make the trip so she can also visit with her family.

 

I'm hoping to here from others on this challenge we have. Thanks!

[frank1538]

First, good to hear from you John. It's been a while.

 

I haven't thought this all the way through but, if you are concerned about filing AOS after 90 days, why could you not go ahead and file Hai Yan's AOS now in order to get the advance parole going? As Don says, she will not be able to get advance parole in advance of filing for AOS. If you want her to return to China to accompany her son, I'm not sure you'll have any choice but to go ahead and file just her AOS now so she can get advance parole.

 

Based on the fact that you guys were married within the 90 days, when her son arrives on a K-2, I believe he would be immediately eligible to file for AOS, but I do not believe you can file before he arrives.

 

When I did AOS simultaneously for Jingwen and her kids, I basically had to duplicate everything anyhow, so I'm not sure if filing sequentially would be more burdensome.

[John & Hai Yan]

Thanks Don & Frank for your responses,

 

I sent the AOS packet today via Fed Ex. I only filed for my wife since her son has not yet arrived. After he arrives we will file the forms for his AOS. Also, we requested an expedited (AP) Advance Parole, so that she can travel to China and then bring him to the U.S. If she doesn't get AP, then I will have to get him myself.

 

It seems that no one has had this particular problem. At least no one responded to my post, if they did have this problem. After we go through the process of filing for AOS seperately for mother and son, I'll post the information so that others can benefit. I just hope it is a straightforward process without any obstacles.