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how long do i have to aos my child?

how long do i have to aos my child?

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Old Jan 9th 2004, 1:07 pm
  #1  
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Default how long do i have to aos my child?

she came here on december 30th.

between the holidays, adjusting to the new apartment and family environment, and her first week of class, it's been hectic, so we haven't taken her to aos...

is time running out or how long does she have to aos?

i've been reading around and i found three conflicting dates:

is it till her I-94 expires,
till her k2 expires,
or 2 weeks upon entry?

and one last question: i know where to take her and what to do, i've already aos'd myself, but: does she need to be there with me or can i file for her without her so she doesn't miss school?
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Old Jan 9th 2004, 1:16 pm
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Default Re: how long do i have to aos my child?

bequi,

Until her I-94 expires - that's what defines her allowed length of stay. After that, if she hasn't filed her I-485, she begins to incur out-of-status time.

Although the Philadelphia office prefers that applicants file in person (according to their page on the CIS web site), it doesn't say that they must file in person. I would be very surprised if they won't accept a filing for a young child submitted by the parent. If they find something wrong or missing when they look over the submittal they will surely prefer to discuss it with a responsible (for the child) adult rather than with the child.

Regards, JEff

Originally posted by bequibar
she came here on december 30th.

between the holidays, adjusting to the new apartment and family environment, and her first week of class, it's been hectic, so we haven't taken her to aos...

is time running out or how long does she have to aos?

i've been reading around and i found three conflicting dates:

is it till her I-94 expires,
till her k2 expires,
or 2 weeks upon entry?

and one last question: i know where to take her and what to do, i've already aos'd myself, but: does she need to be there with me or can i file for her without her so she doesn't miss school?
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Old Jan 9th 2004, 1:32 pm
  #3  
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Default Re: how long do i have to aos my child?

Thankyou Jeff!
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Old Jan 9th 2004, 1:36 pm
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Default Re: how long do i have to aos my child?

bequi,

After past experience, you're not going to give my thoughts any credence this time, are you? :-)

Regards, JEff

Originally posted by bequibar
Thankyou Jeff!
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Old Jan 9th 2004, 1:47 pm
  #5  
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Default Re: how long do i have to aos my child?

Her K-2 expired (I believe) when she entered as the date on the K-2 is the last date she is allowed to use the K-2 to enter the US and her new dates are the dates on the I-94. I would think that AOS asap. Why do you have to take her to AOS? It is not done on the spot. Why can't you just gather up the paperwork and file via the postal system?

Rete


Originally posted by bequibar
she came here on december 30th.

between the holidays, adjusting to the new apartment and family environment, and her first week of class, it's been hectic, so we haven't taken her to aos...

is time running out or how long does she have to aos?

i've been reading around and i found three conflicting dates:

is it till her I-94 expires,
till her k2 expires,
or 2 weeks upon entry?

and one last question: i know where to take her and what to do, i've already aos'd myself, but: does she need to be there with me or can i file for her without her so she doesn't miss school?
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Old Jan 9th 2004, 1:55 pm
  #6  
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Default Re: how long do i have to aos my child?

Originally posted by Rete
Her K-2 expired (I believe) when she entered as the date on the K-2 is the last date she is allowed to use the K-2 to enter the US and her new dates are the dates on the I-94. I would think that AOS asap. Why do you have to take her to AOS? It is not done on the spot. Why can't you just gather up the paperwork and file via the postal system?

Rete
The Philly office asks you to go there to file in person, which is what I did for my own AOS, and assumed is why she might need to be there when I filed her AOS...

I'm already filling her forms and will take her to be photographed this weekend. Her paperwork is practically ready.

I just wanted to know if she needed to be there when I submitted her paperwork (do officers request to see the child?), and wanted to feel safe about waltzing in that office sometime next week and not tuesday morning at the latest (officially her 2nd week from poe crossing).


Jeff - LOL, I still give you credence...
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Old Jan 9th 2004, 1:57 pm
  #7  
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Default Re: how long do i have to aos my child?

Rete,

Because:
"Please see the instructions on Form I-485, Application to Register Permanent Residence or to Adjust Status, to determine where to file your application.

For those applications filed at the local office, the Philadelphia District Office encourages applicants applying for adjustment of status (permanent residency in the United States) to file in person. "

Regards, JEff

Originally posted by Rete
.... Why do you have to take her to AOS? It is not done on the spot. Why can't you just gather up the paperwork and file via the postal system?

Rete
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Old Jan 9th 2004, 2:12 pm
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Default Re: how long do i have to aos my child?

Originally posted by jeffreyhy
Rete,

Because:
"Please see the instructions on Form I-485, Application to Register Permanent Residence or to Adjust Status, to determine where to file your application.

For those applications filed at the local office, the Philadelphia District Office encourages applicants applying for adjustment of status (permanent residency in the United States) to file in person. "

Regards, JEff

My abject apologies. I did not note that the gentleman was using the Philadelphia office. However, even if they allow encourage in-person filing, it should be noted it does not state it is mandatory. Since you are speaking of a mere child here, it could be presumed that filing through mail would be just as expeditent as filing in person.

It is hoped that the child's petition for adjustment can be matched up with the foreign parent so that AOS for both are done at the same time since it is obviously that they are not filing together.

Rete
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Old Jan 9th 2004, 2:17 pm
  #9  
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Default Re: how long do i have to aos my child?

Originally posted by Rete
My abject apologies. I did not note that the gentleman was using the Philadelphia office.
Rete

I'm a girl Rete
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Old Jan 9th 2004, 2:45 pm
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Default Re: how long do i have to aos my child?

Originally posted by bequibar
I'm a girl Rete

Another apology ... sorry !

Rete
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Old Jan 9th 2004, 2:49 pm
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Default Re: how long do i have to aos my child?

Originally posted by Rete
Another apology ... sorry !

Rete

No wukkas
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Old Jan 9th 2004, 3:55 pm
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Default Re: how long do i have to aos my child?

Originally posted by bequibar
she came here on december 30th.

between the holidays, adjusting to the new apartment and family environment, and her first week of class, it's been hectic, so we haven't taken her to aos...

is time running out or how long does she have to aos?

i've been reading around and i found three conflicting dates:

is it till her I-94 expires,
till her k2 expires,
or 2 weeks upon entry?

and one last question: i know where to take her and what to do, i've already aos'd myself, but: does she need to be there with me or can i file for her without her so she doesn't miss school?
Bequibar,

I am in a similar position to you. My daughter arrived on 16th December on her K2, and I am still assembling everything for her AOS. I also understand it is the date on the I-94 that is crucial. All I am really waiting for is her birth certificate. Her father took her to the medical/interview in London, and then forgot to give her the birth certificate to bring over with her. Despite regular phone calls I make to remind him, he still has not sent it. If he doesn't soon, I will have to get a new certified copy made. Grrrrrr.........

Good luck

Debbie
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Old Jan 9th 2004, 5:51 pm
  #13  
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Default Re: how long do i have to aos my child?

Originally posted by dbark
Bequibar,

I am in a similar position to you. My daughter arrived on 16th December on her K2, and I am still assembling everything for her AOS. I also understand it is the date on the I-94 that is crucial. All I am really waiting for is her birth certificate. Her father took her to the medical/interview in London, and then forgot to give her the birth certificate to bring over with her. Despite regular phone calls I make to remind him, he still has not sent it. If he doesn't soon, I will have to get a new certified copy made. Grrrrrr.........

Good luck

Debbie
LOL Debbie,

Ah, fathers... my daughter's father failed to comply with a few things (including taking her to the medical & interview in my absence, which was why she had to come with me to the consulate, and then move countries in the middle of her school year), but -thankfully- he provided all the paperwork needed in time...
Good luck to you too!

BTW, do you know if a child needs a SSN?

Last edited by bequibar; Jan 9th 2004 at 5:54 pm.
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Old Jan 9th 2004, 6:15 pm
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Default Re: how long do i have to aos my child?

bequie,

An child doesn't need a SSN if they're not old enough to work. An alien child may not even be eligible for a SS card for that reason.

In which case you can get them an ITIN for tax purposes. I got my 10 year-old former stepson an ITIN 3 years ago for this reason, and I've just received the ITINs for my current wife and 2 year-old stepson (while still waiting for my I-129f to be approved).

Regards, JEff

Originally posted by bequibar
...

BTW, do you know if a child needs a SSN?
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Old Jan 9th 2004, 6:22 pm
  #15  
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Default Re: how long do i have to aos my child?

Originally posted by jeffreyhy
bequie,

An child doesn't need a SSN if they're not old enough to work. An alien child may not even be eligible for a SS card for that reason.

In which case you can get them an ITIN for tax purposes. I got my 10 year-old former stepson an ITIN 3 years ago for this reason, and I've just received the ITINs for my current wife and 2 year-old stepson (while still waiting for my I-129f to be approved).

Regards, JEff

Thanks Jeff. That's what I thought, and is consistent with other people's advice in here as well.

I was just taken aback when I was asked her SSN by the admissions personnel at her school. Made me doubt.

We'll get her an ITIN# then
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