Staring I-485 for K2....need another I-864?

[Clement & Emily]

As my wife is waiting for her AOS interview scheduled for August 9, I am starting I-485 for her 12 year old son Jay, whom just joined us on 4th of July; POE at SFO.

 

Do I need a separate I-864 for Jay? Can I use the I-864 I've filed for my wife's I-485, which includes her son as a dependent?

 

Another question - I tried to apply for SSN for Jay but the SSA office told me K2 Visa holder must have an EAD before applying for SSN...Jay is only 12 years old! Will USCIS issue Jay an EAD?

 

Thanks for all your help guys!!

[Randy W]

The I-485 for your son is a completely separate document from your wife's, with its own I-864, which will contain the same information, assuming nothing's changed.

 

Yes - K-2's are not work authorized, and must have an EAD. You might consider whether he will really need one - there shouldn't be any need for it, although some banks, insurance companies, etc. ask for it. It usually just amounts to that their clerks don't know what to do with the blank if there is no SSN.

Edited July 6, 2007 by Randy W (see edit history)

[LeeFisher3]

Unless you have a definite requirement to have an SSN one such as federal health insurance you should just wait. Only Federal Health insurance has the legal authority to require an SSN and there is a way to work it out with SSA with the proper evidence.

 

Most private health insurance companies demand an SSN and make statements like they can't cover the person without it, if you are up against one of them you need to DEMAND they provide you with a privacy act statement as REQUIRED by federal statute. The privacy act statement is required to tell you why they need it and what benefits they can withhold if you refuse them. At that point they usually fold and get the coverage in place.

[tywy_99]

The USCIS will issue an EAD card to a minor child, yes.

A seperate I-864 is required for any and all immigrants applying for benefits where the form is called for.