dbark

I am in the process of filling out the AOS papers for myself and my daughter. I entered on a K1 visa and am now married. My daughter (age 14) entered on a visa waiver three weeks ago to attend my wedding, and wanted to stay. So, the forms arrived from the USCIS, and I am completely confused.

Questions:

1) The instructions do not make it clear whether to file at the TSC (where our I-129f was processed) or the local Field Office. Does anyone know? If so, how can I tell which Field Office to use, as we live in the middle of Arkansas, which is served by both Fort Smith and Memphis offices?

2) Do we mail it in, or do we have to file in person?

3) Do we also have to file a I-130 for my daughter, or can she adjust from visa waiver?

4) Do we pay the fingerprinting fees along with the other fees (AOS, EAD, AP)?

Thanks again for your help! By the way, my daughter started school at the end of last week and is getting on very well!

Debbie

NevAnna

1. I used this http://uscis.gov/graphics/fieldoffices/ascs/index.htm to determine where to file AOS

2. That will depend on the office you go through. Some allow walk in , some do not.

3. Don't know

4. Yes, you will pay the $50 fingerprinting fee at the time of filing. Make out separate checks or money orders for each fee.

Hope this helps and good luck to you!

dbark

Thanks, anyone else an opinion please?

Debbie

Ray

Was your daughter listed on the I-129F petition?..did she not get a K-2 visa

dbark

Yes, she was listed on the I-129F, and even had all the relevant vaccinations, etc., but by the time the interview approached, she had changed her mind about coming here to live. Although we talked about the "shall I or shan't I" for many hours, it would have been unfair of me to persuade her against her wishes, so I backed off, and moved over here without her. Then when she and my elder daughter (who has returned to the UK to finish her A levels) came over for the wedding, the youngest decided to stay after all.

Ray

Damm shame she never went ahead and got the K-2 she would have had a year to use it.. I feel you will have to contact the embassy in the UK ..as she was on the 129..tell them she is ready for her interview.. they will send the form required ..she most likely will have to attend for interview..should be no more than a formality... she will then get her K-2 to come here...Do not overstay the Visa Waiver...
I have had no experiece with a child immigration, they may be a short cut somewhere not known to me ...A initial chat with an Immigration Lawyer to confirm may be advisable...

Karen D

Quote:

Originally posted by dbark
3) Do we also have to file a I-130 for my daughter, or can she adjust from visa waiver?

Debbie, I don't know the answer I'm afraid, but looking back at one of your previous posts on this topic, Folinskyinla answered as follows:

"She can file for adjustment combined with an I-130 by Kurt as his stepdaughter. No real need for the K-2. Be prepared to explain what happened. Given your fact situatiion as you expalined it, I would feel comfortable with that situation. The issues that arise can be solved."

Also, Mrtravel posted:
"Adjustment of status can be filed. The major difference is that for her it would require submission of an I-130 by the USC stepparent. Of course, if it was less than a year since you've arrived, it might be safest for her to go back and get a K-2. For a really good answer, consulant an attorney."

Hope this helps

dbark

Thanks Karen, I did of course see those replies. However, someone on another forum has given me completely different advice, namely that, in his opinion, if I filed for adjustment of status for my daughter while she is here on a visa waiver, she would be refused, so I am now hoping for some further information.

Debbie

Karen D

Debbie

Please bear in mind that most people who post on forums are not Immigration Lawyers so the advice received must be checked against a reliable source.

It is great that you are checking out the options, but if it were me, I would now take the information you have and arrange a consultation with a recommended Immigration Lawyer to discuss your options further.

Good luck

jeffreyhy

ray,

No, she would have had 6 months to use it. A K2 visa, like a K1 visa, is valid for a period of 6 months.

I used to also mistakenly believe that a K2 visa was good for 1 year. I've learned the error of my ways...

Regards, JEff

Hypertweeky

Hey there Debbie!!

I don't know the answer to your question but I though I would butt in and wish you luck!!
Let me know how it goes ok?
Take care!

Maggs

Hi Debbie

It might be worth having a look on the USCIS website under the heading "How do I become a lawful permanent resident whilst in the United States."

It gives the eligibility criteria and also the Ineligibilty criteria.

In the Ineligible criteria it says and says that people applying if they entered on the visa waiver are ineligible ...*UNLESS * they are in the immediate USC relative category i.e. spouse, parent or *child under 21*.


Like a few people have already said perhaps a good immigration attorney can answer these questions for you. I understand how you feel as I have a son who chose to stay in the UK but keeps chopping and changing his mind about what he wants to do! He has an I-130 pending because of his indecision but no K4. I don't know how we would tackle this if he decided he wanted to come earlier than the I-130 is approved. I guess we'd be taking the Immigration Attorney route if it came to that.

Maggie

Ray

Correct Jeff..thank you .. I meant to say a K-2 can be issued 1 year from the date of the K1 being issued...

could find nothing on the UK ..but this on the Russian USA embassy site

K2 Visas for Children of Alien Fiance(e)s
All children (under 21 years old and unmarried) of an alien classified K1 should be listed on I-129F Petition for Alien Fiance(e). Children also must be present at the interview. The child of a K1 principal alien may acquire K2 status even after the principal alien has married American Citizen Petitioner and acquired lawful permanent resident status in U. S. A marriage certificate of the principal alien along with the rest of the required documentation must be provided for the child's visa interview in this case. The cut-off date for issuance of a K2 visa is 1 year from the date of the K1 visa issuance to the principal alien.

dbark

Thanks everyone. I am not sure what to do right now - the hard part is trying to find a *good* immigration lawyer. Have a good weekend.

Debbie

Matthew Udall

I tried sending you a PM, but it says your box is full so it could not be delivered.