K-3 with K-4 AOS

[rogerinca]

I am starting to gather documents for my AOS filing in the next few weeks, for my K-3 spouse and K-4 step-daughter age 12.

 

I have reviewed the VJ guide which is directed at a K-3 AOS and does not directly speak to the K-4.

 

I am concerned about two AOS petitions being separated and/or acted upon at different times, even though both mother and child are together with me here in the US.

 

Has anyone here, who has gone through the AOS process with a spouse and child (K-3 and K-4) filed both petitions/actions under the same cover, or within the same file to help ensure they are adjudicated concurrently ??

 

Or, is it required that they be mailed in as separate and distinct case file packages, with separate cover sheet and table of contents, independent of each other (spouse/child) as was the case with the I-130 filings??

 

If the latter is the case, anyone have any info on any significant differences in adjudication times for a minor child vs. the parent, already here in the US on a K-3 and K-4 ?? And, do they in fact, join them up at some point in the process ??

[david_dawei]

I think I know most of these answers but will wait for someone with direct K3/K4 experience to chime in on most of it...

 

The main thing which will point out that they are separate packets (although, you can mail them together, as two), is the I-864 will require that you DON'T duplicate them on each others form; the reasoning is in case one is approved and the other is not, then the count would not be correct if they were duplicated on each others I-864...

[Randy W]

Don't forget that they have (or soon will have) separate A #'s - they ARE separate files at the USCIS.

 

I'm sure you're aware that you get a discount filing both together ( but you are not required to do this), but I don't think there's any guarantee that they will interview together.

 

Like David said, someone else can chime in from here. The K1/K2 experience should be similar.

[rogerinca]

Thanks Randy and David.

 

I checked into VJ a little deeper and found this tid-bit:

 

14.3)..When we file for adjustment of status, what do we need to do about the child's K4 status? Are we required to file the adjustment for the K4 and pay the fees for each application?

A..Yes, you are. The AOS packages may be submitted together, but they each must contain their own sets of documentation, including a notarized I-864. If the K4 has never had an I-130 filed on their behalf, this must be done now, submitted along with the AOS package.

 

So I guess it is two separate and distinct I-485 case files.

 

I will just mail them together, along with the checks for $1010 and $600. And, as I reported previously, both I-130's were filed and approved (NOA-2's) last year.

 

If anyone else who is a K-3/4 filer can add to this, have at it.

[LeeFisher3]

With both the K-1/K-2 and K-3/K-4 you can file AOS for parent and child together or separately. They both need their own set of supporting documents and separate checks.

 

If filing together they MUST be mailed together in the same envelope because the K-4 is dependent on the K-3. If you mail them in separate envelopes at the same time the K-4 will immediately receive an RFE for the K-3's AOS receipt.

[Tom and Ling]

Hi All,

 

I guess I need to Chime in here...Assuming that Ling and the boys are approved for their Visa's.... B)

 

Question one: Should I wait for 90 days from our 2nd anniversary to file for Ling's AOS and the boys...as this would allow for a 10 year Green Card verses a two year Green Card??? I have done the 2year Green card and removal of conditions..so I could do it either way...which do you think is prefered???

I see that Roger is doing it fairly soon, but he and his wife could have been married for two years....

 

Question 2: Like others that have asked ,,I only have an I-130 for Ling,,so what is the procedure for filing for my wife and two step-sons??

The step-sons are K/4 without any I-130 filed,,so what are the things I have to do and how soon should I do this??

 

Thanks,

Tom and Ling

[danielbro]

I had to file seperate petitions for my wife and daughter in seperate packages with seperate checks. The interview date is the same for both of them. December 8,2008. I was required to send the packages to seperate addresses as my daughter was 18 when we were married. My wfe is K-3 and daughter is K-4 like your situation. The USCIS put the two of them together. Many people here of CFL said the K-4 visa for the daughter was a dead end visa because she was 18 when we were married. We will see on December 8.

Dan

[Randy W]

I had to file seperate petitions for my wife and daughter in seperate packages with seperate checks. The interview date is the same for both of them. December 8,2008. I was required to send the packages to seperate addresses as my daughter was 18 when we were married. My wfe is K-3 and daughter is K-4 like your situation. The USCIS put the two of them together. Many people here of CFL said the K-4 visa for the daughter was a dead end visa because she was 18 when we were married. We will see on December 8.

Dan

 

 

The catch is that a K-4 needs to have an I-130 filed before she can adjust status. Since she was over 18, you cannot file one. Only her mother can - AFTER she becomes an LPR.

 

She will fall in the second category, with about a 6 year wait, on the visa bulletin.

 

From the India Embassy web site - "Note: A step-parent or child will qualify for immigration only if the marriage creating the step-parent/child relationship occurs before the child's 18th birthday."

Edited November 22, 2008 by Randy W (see edit history)

[danielbro]

I had to file seperate petitions for my wife and daughter in seperate packages with seperate checks. The interview date is the same for both of them. December 8,2008. I was required to send the packages to seperate addresses as my daughter was 18 when we were married. My wfe is K-3 and daughter is K-4 like your situation. The USCIS put the two of them together. Many people here of CFL said the K-4 visa for the daughter was a dead end visa because she was 18 when we were married. We will see on December 8.

Dan

 

 

The catch is that a K-4 needs to have an I-130 filed before she can adjust status. Since she was over 18, you cannot file one. Only her mother can - AFTER she becomes an LPR.

 

She will fall in the second category, with about a 6 year wait, on the visa bulletin.

 

From the India Embassy web site - "Note: A step-parent or child will qualify for immigration only if the marriage creating the step-parent/child relationship occurs before the child's 18th birthday."

 

You may be correct. I called the USCIS and was told to file the I-130 for the daughter and send to different address. I paid the fee and sent with the I-485. The I-130 has yet to be approved. I do not know the outcome. I will see at the interview on 12/8/08. As I said before everyone here on CFL said it was a dead end visa. Some people at the USCIS said the same, ohters said to do I-130 and I-485 at same time.

Who know what will happen.

Dam

[dale7570]

randy is correct. i think the daughter will be able to stay until she turns 21, but i'm not sure because after your wife adjusts status the daughter will no longer be in k4 status. maybe someone else can chime in. perhaps you could get a student visa for her daughter.

Edited November 22, 2008 by dale7570 (see edit history)

[Randy W]

randy is correct. i think the daughter will be able to stay until she turns 21, but i'm not sure because after your wife adjusts status the daughter will no longer be in k4 status. maybe someone else can chime in. perhaps you could get a student visa for her daughter.

 

 

Yes - look into the student visa. You need to find a college that will supply the I-20 that she needs to apply for the F-1 visa. But she does go out of status when her mother adjusts status, so staying after that is pretty iffy.

[danielbro]

randy is correct. i think the daughter will be able to stay until she turns 21, but i'm not sure because after your wife adjusts status the daughter will no longer be in k4 status. maybe someone else can chime in. perhaps you could get a student visa for her daughter.

 

 

Yes - look into the student visa. You need to find a college that will supply the I-20 that she needs to apply for the F-1 visa. But she does go out of status when her mother adjusts status, so staying after that is pretty iffy.

 

I will look into the student visa if I need to. When I talked to the USCIS they told me to file the I-130 for the daughter. Everything says I can not file the I-130 for her. I paid the $1010 for the AOS and $360 for the I-130 as instructed by the USCIS specialist. I hope the money was not a waste. I guess I will find out on 12-8-08

[Randy W]

randy is correct. i think the daughter will be able to stay until she turns 21, but i'm not sure because after your wife adjusts status the daughter will no longer be in k4 status. maybe someone else can chime in. perhaps you could get a student visa for her daughter.

 

 

Yes - look into the student visa. You need to find a college that will supply the I-20 that she needs to apply for the F-1 visa. But she does go out of status when her mother adjusts status, so staying after that is pretty iffy.

 

I will look into the student visa if I need to. When I talked to the USCIS they told me to file the I-130 for the daughter. Everything says I can not file the I-130 for her. I paid the $1010 for the AOS and $360 for the I-130 as instructed by the USCIS specialist. I hope the money was not a waste. I guess I will find out on 12-8-08

 

 

Good luck, but if they say no, they consider the money a donation.