AOS AS IT AFFECTED AN ADULT K-2 CHILD

[screamneagle]

I have gone through most of the AOS topics and strings listed here and have gleaned a wealth of useful information. However, I have not encountered the information I need to complete the AOS packet on which I am currently working... so here goes. My fiance and her 20 year old adult daughter arrived in the U.S. on October 22nd with their POE at JFK in New York (K-1 & K-2). Everything at the airport went off without a hitch. They have been here in Virginia now for almost 3 weeks and I am preparing the AOS packet to go out as soon as we receive our SS numbers and are married. 5 days after their arrival I took them to the Social Security Administration office to obtain their SS numbers. I was told that it was, "too early to file" and that I should come back in 10 days. From that office we went to our local circuit court to obtain a marriage license. We were told that we need the Social Security number in order to file for the license ... you see where this is going?

 

On the morning of the 10th day I arrived back in the Social Security office with my fiance and her daughter to again apply for the SS numbers. After 30 minutes of questions and a lot of confusion my fiance was given a paper that explained that she would receive her social security card in the mail in about 2 weeks. There we 2 women "helping" us who obviously did not deal with the immigration situation very often. Questions were flying back and forth between them and us and we were giving them all the information they requested. Then it came time for my fiance's daughter to apply. Again we went through 30 minutes of confusion just as we had gone through with my fiance. At the conclusion of this process I was asked, "Why does she (the daughter) need a social security number"? I answered that she wanted to enroll in the local community college to take classes in English as a Second Language(ESL)and that she may want to apply for part time employment to help pay for the classes. I was told, "Those are not valid reasons to apply for a Social Security number. The only way she can obtain a social security number is to adjust her status"! I replied that I needed the social security number to adjust her status. After a drawn out exchange of words I was told that the AOS was the only way for her to get her social security number. My fiance's daughter did not receive her number.

 

When we returned home I asked to see both of their passports. I looked closely at the I-94's that were stapled into the books. Both of them have an identical red ink stamp on the reverse side that reads, "Employment Authorized ___". There is absolutely no difference in the stamps on both passports. I assume that this is their EAD and their authorization to work. Why the Social Security office refused to give her a number is beyond me. Any thoughts???

 

So now we come to the AOS packet and the forms. I understand from a previous post that I need to file a SEPARATE I-485 for my wife and for her daughter. I understand that I will have to pay 2 SEPARATE filing fees for these applications and that they must be sent in separate envelopes with a separate check for the $1050 fee. My questions are these:

 

1. I file ONE I-485 packet for my fiance/wife AND ONE I-485 packet for her daughter ... correct?

 

2. Do both of these I-485 packets contain a separate I-765, G-325A, I-864, I-131? (We want to file for AP & EAD)

 

3. If I list the daughter as a dependent child on item "9a" of my fiance's/wife's I-864, do I file another I-864 just for her daughter listing her as the principle immigrant in "Part 3, item 8" or ?

 

4. How and in which AOS packet would I file the I-765 for the EAD for the daughter?

 

5. To simplify, what forms and evidence should be contained in each individual AOS packet? What should they look like and what forms should each contain? My fiance/wife's packet seems clear enough but her daughter's packet is giving me heart burn!

 

6. Has anyone else had any experience in obtaining a social security number for an immigrant adult child? With having it rejected at the SS office?

 

7. Can I file for the AOS for the daughter WITHOUT having a social security number? If so, when the green card arrives do I simply take it to the social security office to show them the status has been adjusted and then they will issue her a number or ?

 

I apologize in advance for all of this confusion but it seems that at every "official" office I go to there is a different story. I don't even want to go into the saga of the infopass appointment I went to in order to resolve this issue. Talk about a run-around! I just want to get the daughter her social security number so that she can get into school for the spring semester. As always. any assistance you guys could provide would really be appreciated!

 

Richard

[dnoblett]

1. Correct, Two people adjusting status, so Two I-485 packets.

 

2. YES,

 

3. Yes you are sponsoring TWO immigrants, so you will need to provide an I-864 for daughter too.

 

4. File Daughter's I-765 and I-131 with daughter's I-485

 

5. I would treat each form as if being sent separately so will be 6 applications, only you can put them all in same envelope. DO NOT SHARE EVIDENCE, Wife's I-485 will have a photo copy of marriage cert, so will daughter's. Note I-765 question 16 is (C )(9 )

 

6. K-2 CANNOT get a SSN until they are "Work Authorized" Either have a Green-card or EAD card.

 

7. SSN is NOT needed to file AOS, and in most states NOT needed inorder to marry. K-1 should be able to get SSN within the first 90 days after entry however SSA will not issue one within 10 days of I-94 card expiration.

[dnoblett]

One more note, even though POE placed an EAD stamp on a K-2's visa, SSA knows it is invalid.

 

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500

 

C. Policy - Employment Authorization by Class of AdmissionThe following policy applies to employment authorization by class of admission:

 

 

1. Aliens Work Authorized Without Specific DHS Authorization

K-1 Fianc¨¦(e) of U.S. citizen

[warpedbored]

Since daughter is 20 get the AOS filed ASAP. If she turns 21 before AOS is completed she may have to return to China. I would add a note saying possible age out, please expedite.

[screamneagle]

Thank you, gentlemen! This really clarifies some of the confusion! I will proceed according to your advice and will get back with any additional questions. Thanks again Dan and Carl!

[Randy W]

"Potential Age-out, please expedite" should be written in large, red letters on the envelope and on the cover sheet.

 

You are getting the run-around from the SS office. You should expect better treatment. Maybe you can go to a different office. Why you need the number is not their concern - your authorization to apply for the number is the work authorization stamp on the K-1 I-94. No more questions need be asked.

 

But Dan is correct - the K-2 SHOULD NOT be work authorized, but it's doubtful that your SS office is any more aware of that than they are of other immigration concerns.

 

But there shouldn't be anyone who requires an SS number for her (by law). If they do, you may need to set them straight on that issue, although the path of least resistance may be to get her an EAD (Employment Authorization Document).

[Carl]

"Potential Age-out, please expedite" should be written in large, red letters on the envelope and on the cover sheet.

 

You are getting the run-around from the SS office. You should expect better treatment. Maybe you can go to a different office. Why you need the number is not their concern - your authorization to apply for the number is the work authorization stamp on the K-1 I-94. No more questions need be asked.

 

But Dan is correct - the K-2 SHOULD NOT be work authorized, but it's doubtful that your SS office is any more aware of that than they are of other immigration concerns.

 

But there shouldn't be anyone who requires an SS number for her (by law). If they do, you may need to set them straight on that issue, although the path of least resistance may be to get her an EAD (Employment Authorization Document).

 

 

On a side note, if the clerk gives you any grief , politely ask to speak to a supervisor. That usually gets results.

[david_dawei]

3. If I list the daughter as a dependent child on item "9a" of my fiance's/wife's I-864, do I file another I-864 just for her daughter listing her as the principle immigrant in "Part 3, item 8" or ?

I think you should NOT list the daughter as a dependent of your wife's I-864 because the daughter is being filed for; she is NOT a dependent now but is elevated to requiring her own filing.

 

Think of it like this: If the mother was approved but not the daughter, then when they go to 'add' up the people on the mother's I-864, the count is wrong... ergo, don't double count across the forms.

[screamneagle]

David:

 

Thanks for the info. I figured this out after looking at the I-485 again. Since I am required to file a separate I-485 for both the mother and the daughter, neither form should have any "dependents". In both cases the math adds up correctly. A very crafty move by the USCIS to suck another $1050 out of your hard earned cash. They've got a fee for everything imaginable from changing your name to blinking your eyes. When you think about it, might have been better to skip Quangzhou all together ... fly over to China ... get your lady ... fly back to Mexico ... cross the border into the U.S. with all the other illegals ... and then wait for amnesty. Sure would have been cheaper ... and look at all the benefits! Thanks again. Tsap seui take note! Don't think I could have been as tolerant as you in all of this!

Edited November 18, 2010 by screamneagle (see edit history)

[dnoblett]

David:

 

Thanks for the info. I figured this out after looking at the I-485 again. Since I am required to file a separate I-485 for both the mother and the daughter, neither form should have any "dependents". In both cases the math adds up correctly. A very crafty move by the USCIS to suck another $1050 out of your hard earned cash. They've got a fee for everything imaginable from changing your name to blinking your eyes. When you think about it, might have been better to skip Quangzhou all together ... fly over to China ... get your lady ... fly back to Mexico ... cross the border into the U.S. with all the other illegals ... and then wait for amnesty. Sure would have been cheaper ... and look at all the benefits! Thanks again. Tsap seui take note! Don't think I could have been as tolerant as you in all of this!

Even "Amnesty " costs BIG money, take a look at the fee for I-485A, and Illegal that qualified for amnesty would be paying $1010 for I-485, and another $1000 for the I-485A.

 

Note, you are not filing the I-485, it is your spouse and daughter that are applying to adjust their status, you are only providing sponsorship and providing an I-864 for each, you may be filling out the forms and doing the paperwork, however it is they who are adjusting status, not you.

[yemmie]

As always, the information provided by the others here is superior to any you could get anywhere else. I only have a couple of things to add. Our situation was the same as yours. My wife and her son (now our son) came here on K1/K2 visas. He was 20 when they arrived. This is the way we did things:

 

1. We got married.

 

2. We got her SS card (could not get his because he did not have a green card yet)

 

3. Enrolled him in ESL classes at local community college.

 

4. Filed to adjust the status of each simultaneously in the manner already described here.

 

5. Her green card arrived quickly. They had their exams in China, but we did their vaccinations here at our local Public Health Office. (much cheaper than other places, but you do have to know what you are talking about because they will try to tell you that they need to have the medical exams again. NOT TRUE! I carried the rules regarding that to Public health and showed them to the Civil Surgeon. She was very nice and helped us get everything done correctly.) Our son's green card was delayed because Immigration apparently lost his medical exam information. At first, I thought we were going to have to do all of his medical again, but I was able to prove to Immigration that it had been done in China. If you run into any such difficulty with your daughter's green card, you can try to do the same. I sent Immigration a notarized copy of the little book showing all the details of his medical exam in China and reminding them that he could never have been issued a visa without it. If you want more detail about this, let me know and I will find my original posting. For now, just make sure that in your daughter's cover letter for her I-485 that she came here on a K2. Give as much information as you can - mother's name, alien number, SSN, etc., to clearly identify her and to connect her to your daughter. That way, there is at least a chance that if they fail to transfer some of your daughter's documents from the original K1/K2 visa folder for her and her mother to her own individual one, they will consider going back and taking a second look in the original K1/K2 visa folder BEFORE they write to you telling you something is missing.

 

6. After his green card arrived, got his SS card

 

7. Got his learner's permit and license

 

8. Got her learner's permit and license

 

By the way. We are here in Virginia as well. We live in Portsmouth. If you are not too far away and would like to get aquainted, PM me.

 

Hope some of this helps.

[screamneagle]

David:

 

Thanks for the info. I figured this out after looking at the I-485 again. Since I am required to file a separate I-485 for both the mother and the daughter, neither form should have any "dependents". In both cases the math adds up correctly. A very crafty move by the USCIS to suck another $1050 out of your hard earned cash. They've got a fee for everything imaginable from changing your name to blinking your eyes. When you think about it, might have been better to skip Quangzhou all together ... fly over to China ... get your lady ... fly back to Mexico ... cross the border into the U.S. with all the other illegals ... and then wait for amnesty. Sure would have been cheaper ... and look at all the benefits! Thanks again. Tsap seui take note! Don't think I could have been as tolerant as you in all of this!

Even "Amnesty " costs BIG money, take a look at the fee for I-485A, and Illegal that qualified for amnesty would be paying $1010 for I-485, and another $1000 for the I-485A.

 

Note, you are not filing the I-485, it is your spouse and daughter that are applying to adjust their status, you are only providing sponsorship and providing an I-864 for each, you may be filling out the forms and doing the paperwork, however it is they who are adjusting status, not you.

 

 

Dan:

 

Yes, I know that they are technically filing for the adjustment of status and that I am just helping with the paperwork. Probably a bad choice of words/phrases. Concerning amnesty, I was referring to the blanket amnesty Congress is now considering for illegal immigrants. I work 2 blocks away from the Capital building here in Washington, DC and get all of the latest "buzz" pretty much first hand. I don't think under that type of policy the government will be asking this multitude of humanity to file any I-485's or an I-485A's. Just my own opinion. I can't see how they could afford them! Most are already on food stamps or some other social program to assist them with health care, schooling, day care or in one way or another. Employment comes in the form of "day work" which is usually solicited by standing on street corners hoping some one will drive up an offer them employment for the day. I don't see how these poor souls could be made to pay for ANY type of amnesty. It would probably force them to remain illegal if anything.