AOS Approval for SO and Daughter

[danielbro]

Hi Everyone

We went for our AOS interview today and was approved. I had no doubt that they would approve my wife. My daughter was another matter as she was 18 when we were married.

 

My wife was K-3 and daughter was K-4 visa. Everyone said the K-4 visa was a dead end visa if the child was 18 or over when we were married. I could not beleive the USCIS would issue a dead end visa for a child to enter the US.

 

I called the USCIS and depending who I talked to was told it was a dead end visa, but I got one specialist who knew what I should do.I was told to file the I-130 for the daughter with the I-485 and send to different address than the mothers I-485. The same person signed for both packages at the USCIS.

 

The two packages were put together and the AOS interview was set for the same time and day for mother and daughter. The officer said nothing about the I-130. He asked how old my duaghter was and she replied she was 20. We were issued approval letters for both wife and daughter. We were told they would receive thier green cards in 3 to 4 weeks.

 

The green cards will be conditional as we have not been married for two years yet. The officer explained about the lifting of conditions 3 months before the two year experation of the green cards.

 

Unless the officer made a mistake by approving the daughter's green card it is possible to adjust status for a child who was 18 when the marriage took place.

 

I hope this information will help anyone who is in a similar situation.

 

Dan

[dnoblett]

In this case the K-4 is treated the same way as a K-2 (Child of fiancee).

 

But yes technically in order for K-4 to adjust status, an I-130 is needed to be filed, and an I-130 cannot be filed by a step parent if marriage is after child's 18th birth day, but an exception is made in the case of K-4 to make it equal to the K-2.

[Tom and Ling]

In this case the K-4 is treated the same way as a K-2 (Child of fiancee).

 

But yes technically in order for K-4 to adjust status, an I-130 is needed to be filed, and an I-130 cannot be filed by a step parent if marriage is after child's 18th birth day, but an exception is made in the case of K-4 to make it equal to the K-2.

 

I have a question.......

 

Ling had an I-130 filed for her and a I-129K (K3) so I can file the AOS for her right now or wait until we have been married two years, however, this might be cutting it close. Two years would be march 2010 and the visa is two years from November 2008 to November 2010.

I guess waiting would save the removal of conditional residence fee is all.

Pro and Con ??

 

Also...The Boys(twins) are on K4. They do not have an I-130 filed on their behalf. So do I need to file I-130 for them before I file AOS for them??

To File AOS for them ...do they need an I-130 filed for them on their behalf???

I am trying to get this all straight...........

 

Tom and Ling

[dnoblett]

I have a question.......

 

Ling had an I-130 filed for her and a I-129K (K3) so I can file the AOS for her right now or wait until we have been married two years, however, this might be cutting it close. Two years would be march 2010 and the visa is two years from November 2008 to November 2010.

I guess waiting would save the removal of conditional residence fee is all.

Pro and Con ??

 

Also...The Boys(twins) are on K4. They do not have an I-130 filed on their behalf. So do I need to file I-130 for them before I file AOS for them??

To File AOS for them ...do they need an I-130 filed for them on their behalf???

I am trying to get this all straight...........

 

Tom and Ling

Firstly AOS cannot be filed for until AFTER the K-3 has entered the USA.

 

As long as you file the I-485 before going out of status you are FINE, Note the K-3 can be extended if needed for travel while AOS is pending, by filing form I-539.

 

Note: one factor to consider is medical, you should file the I-485 within 1 year of the visa medical, if you do so then all that is needed is vaccination record on the I-693, if you file I-485 more than a year after visa medical you will need a full I-693 medical done.

 

For K-4 you file an I-130 WITH the I-485, concurrently.

 

Note: K-3 + K-4 can be EXPENSIVE when factoring in the AOS for the K-3, and the AOS for the K-4. Only way to cut cost is to file ALL the AOS together ate one time.

 

If children are less than age 18 at time of marriage, the least expensive route is to file I-130 for parent, and I-130s for step children all at same time and got CR-1 and CR-2 for children.

Edited December 9, 2008 by dnoblett (see edit history)

[Tom and Ling]

I have a question.......

 

Ling had an I-130 filed for her and a I-129K (K3) so I can file the AOS for her right now or wait until we have been married two years, however, this might be cutting it close. Two years would be march 2010 and the visa is two years from November 2008 to November 2010.

I guess waiting would save the removal of conditional residence fee is all.

Pro and Con ??

 

Also...The Boys(twins) are on K4. They do not have an I-130 filed on their behalf. So do I need to file I-130 for them before I file AOS for them??

To File AOS for them ...do they need an I-130 filed for them on their behalf???

I am trying to get this all straight...........

 

Tom and Ling

Firstly AOS cannot be filed for until AFTER the K-3 has entered the USA.

 

As long as you file the I-485 before going out of status you are FINE, Note the K-3 can be extended if needed for travel while AOS is pending, by filing form I-539.

 

Note: one factor to consider is medical, you should file the I-485 within 1 year of the visa medical, if you do so then all that is needed is vaccination record on the I-693, if you file I-485 more than a year after visa medical you will need a full I-693 medical done.

 

For K-4 you file an I-130 WITH the I-485, concurrently.

 

Note: K-3 + K-4 can be EXPENSIVE when factoring in the AOS for the K-3, and the AOS for the K-4. Only way to cut cost is to file ALL the AOS together ate one time.

 

If children are less than age 18 at time of marriage, the least expensive route is to file I-130 for parent, and I-130s for step children all at same time and got CR-1 and CR-2 for children.

 

 

Hi dnoblett,

 

It was always going to be expensive and just something I have to deal with..........

The only thing is do I file AOS now or wait until we have been married for two years. The reason is ..I guess...is that if I waited until we were married two years...than I could avoid the lifting of Conditional Residence..is what I was thinking. But I might be cutting it to close.

Options ??

 

Tom and Ling

[dnoblett]

 

Hi dnoblett,

 

It was always going to be expensive and just something I have to deal with..........

The only thing is do I file AOS now or wait until we have been married for two years. The reason is ..I guess...is that if I waited until we were married two years...than I could avoid the lifting of Conditional Residence..is what I was thinking. But I might be cutting it to close.

Options ??

 

Tom and Ling

Not a problem K-3 is in status the entire 2 years, as long as you file the AOS while in status you are fine.

 

Commented in other post:

 

http://candleforlove.com/forums/index.php?...st&p=460499

 

K-3 and K-4 can file for EAD before AOS, the $340 for the EAD costs less than removal of conditions later.