AOS Package Returned

[Hanging On]

Our Packet was returned today. They said that my wife's 20 year old son's "priority date" could not be established.

 

They are asking for the original I-130. We did not file one of these because the son's name is on her I-129. We have the I-797 for her 129, but it only has her name on it.

 

Any suggestions?

[Guest Rob & Jin]

i'm confused your wifes AOS was returned, yes ?

 

your stepson is where in china ?

 

what has her AOS have to do with the stepson (and his priority date)?

 

AOS is her adjusting status, have you applied for a visa for the stepson as well ?

 

please clarify

[Randy W]

Our Packet was returned today. They said that my wife's 20 year old son's "priority date" could not be established.

 

They are asking for the original I-130. We did not file one of these because the son's name is on her I-129. We have the I-797 for her 129, but it only has her name on it.

 

Any suggestions?

 

 

Yes - tell us whether he is K2, K4, CR-2, or what.

 

If he is K-4, he is not eligible to file for AOS, and needs to return from China either when his visa expires, or when his mother successfully adjusts status.

 

If he had not yet reached his 18th birthday when you were married, you can file an I-485 and I-130 simultaneously. Or, His mother can file an I-130 for him when she adjusts status.

[chilton747]

Our Packet was returned today. They said that my wife's 20 year old son's "priority date" could not be established.

 

They are asking for the original I-130. We did not file one of these because the son's name is on her I-129. We have the I-797 for her 129, but it only has her name on it.

 

Any suggestions?

 

 

Yes - tell us whether he is K2, K4, CR-2, or what.

 

If he is K-4, he is not eligible to file for AOS, and needs to return from China either when his visa expires, or when his mother successfully adjusts status.

 

If he had not yet reached his 18th birthday when you were married, you can file an I-485 and I-130 simultaneously. Or, His mother can file an I-130 for him when she adjusts status.

 

http://candleforlove.com/forums/index.php?...st&p=464128

[Hanging On]

Our Packet was returned today. They said that my wife's 20 year old son's "priority date" could not be established.

 

They are asking for the original I-130. We did not file one of these because the son's name is on her I-129. We have the I-797 for her 129, but it only has her name on it.

 

Any suggestions?

 

 

Yes - tell us whether he is K2, K4, CR-2, or what.

 

If he is K-4, he is not eligible to file for AOS, and needs to return from China either when his visa expires, or when his mother successfully adjusts status.

 

If he had not yet reached his 18th birthday when you were married, you can file an I-485 and I-130 simultaneously. Or, His mother can file an I-130 for him when she adjusts status.

 

Sorry I wasn't specific enough. My stepson is here in the USA, and came with my new wife on the K1/K2 visa's obtained from the original I-129F. Are you saying that we NOW need to file an I-130 for him?

[Guest Rob & Jin]

ok i see k-1/2

 

 

would you not have filled a I-130 for his K-2 ?

 

i think Randy and Dan will have the simple answer to this.

Edited December 27, 2008 by Rob & Jin (see edit history)

[Hanging On]

ok i see k-1/2

 

 

would you not have filled a I-130 for his K-2 ?

 

i think Randy and Dan will have the simple answer to this.

 

No I-130 was filed. We paid a lawyer to handle this step, and the visa's were eventually obtained. I could not have filed an I-130 at the time, as he was not my relative. His name was on the 129-F as her son, and he obtained his visa as a derivative. All the other paperwork covered him, he attended the interview etc.

[Randy W]

Re-file the I-485, and THIS time, check the correct box. No I-130 is needed.

 

c ) I entered as a K-1 fianc¨¦(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fianc¨¦(e). (Attach a copy of the fianc¨¦(e) petition approval notice and

the marriage certificate).

 

If you DID check this box, re-submit, this time spelling out in the cover letter,

 

"I entered as a K-1 fianc¨¦(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of the fianc¨¦(e) of a U.S. citizen whom my parent married within 90 days of entry. I have attached a copy of the fianc¨¦(e) petition approval notice and

the marriage certificate."

 

Be sure to proof-read the entire application.

[Guest Rob & Jin]

and include a copy of his birth certificate, right ?

 

If you are applying as the child of that person, attach also a copy of your birth certificate and, if the other person is not your parent, submit copies of evidence (such as a marriage certificate and documents showing the legal termination of all other marriages and an adoption decree) to demonstrate that you qualify as his or her child.

Edited December 27, 2008 by Rob & Jin (see edit history)

[Hanging On]

Re-file the I-485, and THIS time, check the correct box. No I-130 is needed.

 

c ) I entered as a K-1 fianc¨¦(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fianc¨¦(e). (Attach a copy of the fianc¨¦(e) petition approval notice and

the marriage certificate).

 

If you DID check this box, re-submit, this time spelling out in the cover letter,

 

"I entered as a K-1 fianc¨¦(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of the fianc¨¦(e) of a U.S. citizen whom my parent married within 90 days of entry. I have attached a copy of the fianc¨¦(e) petition approval notice and

the marriage certificate."

 

Be sure to proof-read the entire application.

 

Thanks for the help. I believe we did everything the way you described, except the detail you recommended in the cover letter. We have a meeting scheduled Monday morning with the local Milwaukee USCIS. Hopefully, they will listen, and help us get this moving. It would be really nice if they would accept the package, and not make us send it back to Chicago.