AOS and children

[artmill4]

I’m sure this has been discussed before but I can’t find the link to the subject. I am sending my documents for AOS and I’m confused about the correct procedure concerning children. I understand I pay two fees but what else should I include? Thank you. Gene

[david_dawei]

gene.. it's good to see you again..

 

The FAQ is purposely neglectful about AOS and children.. I knew that would bring you back here

 

I hope the replies can be fairly detailed as this would be good to get into the FAQ....

[frank1538]

If you treat the K-2 AOS as a separate and distinct filing, you should be okay. When we filed for Jingwen and the kids's AOS, we created separate packages for each person and separate checks covering the costs. The only difference between the two packages was that Jingwen's prior divorce/custody documents were included in her package but not the kids'.

 

One thing to be mindful of is that while there will be a lot of duplication of copies (tax returns, W-2s, employment verification, etc.), the I-864 for the child(ren) should be an original and not a copy of the I-864 filed for the parent.

[artmill4]

If you treat the K-2 AOS as a separate and distinct filing, you should be okay.  When we filed for Jingwen and the kids's AOS, we created separate packages for each person and separate checks covering the costs.  The only difference between the two packages was that Jingwen's prior divorce/custody documents were included in her package but not the kids'.

 

One thing to be mindful of is that while there will be a lot of duplication of copies (tax returns, W-2s, employment verification, etc.), the I-864 for the child(ren) should be an original and not a copy of the I-864 filed for the parent.

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Sometimes I feel like a mooch. I come to the site and get answers and then go away. I'll give back again soon. My ass has not hit the couch once since Feb. and for some reason I like it. To think I go 8000 miles to find a woman to tell me what ought to be painted next. Very odd.

 

Thank you Frank and David.

[tucsonjim]

If you treat the K-2 AOS as a separate and distinct filing, you should be okay.  When we filed for Jingwen and the kids's AOS, we created separate packages for each person and separate checks covering the costs.  The only difference between the two packages was that Jingwen's prior divorce/custody documents were included in her package but not the kids'.

 

One thing to be mindful of is that while there will be a lot of duplication of copies (tax returns, W-2s, employment verification, etc.), the I-864 for the child(ren) should be an original and not a copy of the I-864 filed for the parent.

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I'm in the process of putting together the AOS packages now. Frank, did you include a certified marriage license in both packages?

 

Has anyone ever combined the packages, including a combined cover letter, separate payments, separate I-485's w/photo's, separate G-325A's, separate I-693 Suppl envelopes, one I-864 and one certified marriage license?

 

It seems insane to me to split a K-1 and K-2 into separate packages. The K-2 has no A number so it would seem it would be hard for them to keep them linked together if they are submitted totally separately. The K-2 can only AOS because they are the child of a K-1. Also sending them separate, knowing how often paperwork gets lost, makes me really nervous.

 

Thanks much, Jim

[frank1538]

If you treat the K-2 AOS as a separate and distinct filing, you should be okay.?When we filed for Jingwen and the kids's AOS, we created separate packages for each person and separate checks covering the costs.?The only difference between the two packages was that Jingwen's prior divorce/custody documents were included in her package but not the kids'.

 

One thing to be mindful of is that while there will be a lot of duplication of copies (tax returns, W-2s, employment verification, etc.), the I-864 for the child(ren) should be an original and not a copy of the I-864 filed for the parent.

218185[/snapback]

I'm in the process of putting together the AOS packages now. Frank, did you include a certified marriage license in both packages?

 

Has anyone ever combined the packages, including a combined cover letter, separate payments, separate I-485's w/photo's, separate G-325A's, separate I-693 Suppl envelopes, one I-864 and one certified marriage license?

 

It seems insane to me to split a K-1 and K-2 into separate packages. The K-2 has no A number so it would seem it would be hard for them to keep them linked together if they are submitted totally separately. The K-2 can only AOS because they are the child of a K-1. Also sending them separate, knowing how often paperwork gets lost, makes me really nervous.

 

Thanks much, Jim

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I used a single transmittal letter for three separate AOS packages with separate checks. The kids' packages each included a certified copy of the marriage certificate. I would be very reluctant to use a single I-864 covering multiple AOSs. I've seen instances where an RFE was issued because the K-2 AOS used a copy of the parent's I-864 rather than having an original, but I've also seen a K-2 AOS approved with just a copy - go figure.

 

I agree that it doesn't make a lot of sense to require separate filings for K-1 and K-2. I guess the logic is that while the K-2 is a derivative visa, a green card is not. I suppose it could happen, but I've never heard of a parent getting adjusted and not the child (absent some other screw up).

[tucsonjim]

I used a single transmittal letter for three separate AOS packages with separate checks.  The kids' packages each included a certified copy of the marriage certificate.  I would be very reluctant to use a single I-864 covering multiple AOSs.  I've seen instances where an RFE was issued because the K-2 AOS used a copy of the parent's I-864 rather than having an original, but I've also seen a K-2 AOS approved with just a copy - go figure.

 

I agree that it doesn't make a lot of sense to require separate filings for K-1 and K-2.  I guess the logic is that while the K-2 is a derivative visa, a green card is not.  I suppose it could happen, but I've never heard of a parent getting adjusted and not the child (absent some other screw up).

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Thanks Frank. I guess my confusion about the I-864 was based on the fact that the form asks how many immigrants are being sponsored in the affadivit and it has you list the children info in part 3. It appears this form was structured to handle K-1 and K-2 children on one form, so it seems odd to me that they would require 2 different notarized forms. Since you have seen cases where just a copy was included, that seems to confirm my thoughts that they would only require one notarized form. I think I will go with just a copy and if they RFE us, I'll get another one notarized since we're not in any big hurry at this point now that they are here. Same with the marriage license (one certified and one copy). I do plan to include 2 complete packages as you suggest, minus the divorce papers for my wife.

Thanks much!! Jim