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Filing of I-485 and I-765 for K-3 and K-4 visa holder

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  • Filing of I-485 and I-765 for K-3 and K-4 visa holder

    My wife and her kids arrived here with K-3/4 visas. We got I-130 approved as well and ready to file I-485 along with I-765 which I can do for her. The way I see I need to file I-130 for the kids. Can I send I-485 and I-765 with I-130 for the kids? We are in Seattle, WA if somebody have came accross with this issue please help!!!

  • #2
    My wife and her kids arrived here with K-3/4 visas. We got I-130 approved as well and ready to file I-485 along with I-765 which I can do for her. The way I see I need to file I-130 for the kids. Can I send I-485 and I-765 with I-130 for the kids? We are in Seattle, WA if somebody have came accross with this issue please help!!!

    Comment


    • #3
      Hi Billy,

      Welcome to ILW.
      b-u-m-p-i-n-g your thread up.
      for the senior member to see

      Comment


      • #4
        HI billyk

        I have the answers, I will be back in a bit to post
        -----------------------------------------------------------------------------------------------
        God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

        National Domestic Violence Hotline:
        1.800.799.SAFE (7233) 1.800.787.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Billyk:
          My wife and her kids arrived here with K-3/4 visas. We got I-130 approved as well and ready to file I-485 along with I-765 which I can do for her. The way I see I need to file I-130 for the kids. Can I send I-485 and I-765 with I-130 for the kids? We are in Seattle, WA if somebody have came accross with this issue please help!!! </div></BLOCKQUOTE>

          Hi Billyk,

          Yes you need to file a separate I-130 for the children now and you can do that along with the AOS package. What ages are they now? Are they under 21 and unmarried?

          There was no need to file a separate I-130 before (but to be honest it would have been better to do so at same time as wife so not to delay the AOS), and the I-129F had the children listd hence the K4 issuance.

          Before the children can AOS, they need an approved I-130 so you need to file that as soon as possible.
          You need to file the I-130 for each child concurrently with the I-485.This is allowed.
          Their AOS will be pending until the I-130 is approved.

          Yes you can file together at same time but you must separate each petition separately and clearly.

          The sooner you file the better, especially if the children ages are getting closer to the 21 mark.

          Hope this helps
          -----------------------------------------------------------------------------------------------
          God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

          National Domestic Violence Hotline:
          1.800.799.SAFE (7233) 1.800.787.

          Comment


          • #6
            Thanks Sprint_girl07. Childern are in the age of 10 and 17. They have the entry for two years and I don't think it will take that long to get the I-130 approved. You are a great help and I do appreciate that!

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Billyk:
              Can I send I-485 and I-765 with I-130 for the kids?. </div></BLOCKQUOTE>

              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Billyk:
              Childern are in the age of 10 and 17. </div></BLOCKQUOTE>
              OK, here is a tricky question: do children need I-765 (employment authorisation document)?

              Comment


              • #8
                Hello Aneri, Yes - I am planning to file I-765 for the older one as well as for my wife.

                Comment


                • #9
                  You're welcome Billyk

                  Yes Aneri I would for the 17 yr old like Billyk is doing. If he/she wanted to work they couldn't until their GC became available.

                  All the best to you Billyk
                  -----------------------------------------------------------------------------------------------
                  God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                  National Domestic Violence Hotline:
                  1.800.799.SAFE (7233) 1.800.787.

                  Comment


                  • #10
                    Anybody knows how long it takes to get I-765 in these days?

                    Comment


                    • #11
                      normally its 11 weeks from your notice date

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Billyk:
                        Hello Aneri, Yes - I am planning to file I-765 for the older one as well as for my wife. </div></BLOCKQUOTE>
                        I said it is a tricky question, and wasn't directly related to work and immigration.

                        In some places, SS wan't issue SS number to persons on K1/K2, K3/K4 without work authorisation. So, some people apply for EAD even for small kids in order to get SSN for them before they get GC. So, in case your wife and kids don't have SSN yet, check with the local SSA what they require... and see how that fits with your plans and a timeline for AOS.

                        Comment


                        • #13
                          Aneri, I was going to mention that but at the time I had conflicting information about it.

                          I was told by an attorney that I had to get a EAD for my son so he could get a SS#.
                          Another attorney said no I don't.
                          We spoke to USCIS, they didn't have a clue what we were talking about.
                          We then went down to local office and asked them about it and wanted to know how to fill one out for a child as the form is not equipped for it (not sure if it is changed now).

                          They had no idea. They said that was the first time they ever heard of it. The officer had to ask around, even asked the adjudication officer, again they said they don't know either, that was the first they heard of EAD for children.

                          We call USCIS several times and again no one knew, no one could find anything on it. Called SS mainline, they didn't know about it. Seriously, it was very fraustrating.

                          We went to SS office once he got GC, and the SS office said as long as you have a GC and birth certificate anyone can have a SS.

                          So I know where you are coming from, as one attorney told me without EAD my son could not get a SS#.

                          Maybe it is a State thing I don't know even though the attorney said it was an Immigration rule when I went back to him.

                          So I guess for the OP it is worth knowing that information just in case. However the EAD form is really hard to fill out when a child is not eligible for employment.

                          What we decided in the end was to wait for his GC anyway, as having a SS right away was not that important. For tax purposes you could get an ITIN or just adjust later on and can get a tax rebate once you get a SS#.

                          The school only required my son's Alien number until his SS# became available.

                          It would save the money spent on an EAD, especially when its not useful for much for a child.

                          Thanks Aneri for mentioning that, you are the first person who I have seen ever mention it. It is a tricky question.
                          -----------------------------------------------------------------------------------------------
                          God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                          National Domestic Violence Hotline:
                          1.800.799.SAFE (7233) 1.800.787.

                          Comment


                          • #14
                            There shouldn't be a problem getting SSN once you have GC. There have been times when AOS took years, and child, who entered on K visa, needed SSN but couldn't get one from some SSA before getting GC (without having EAD).

                            I would say it's up to a particular SSA office interpretation of its own rules, not USCIS's (so I am not surprised they had no clue).

                            I am glad it worked out for you... I just mentioned it as I find it as an interesting "way around"...

                            Comment


                            • #15
                              Yes I agree Aneri totally and we thought of that too. Only problem was trying to find out what we needed to do and how to fill the form out in case we wanted to go ahead and get the SS# sooner.

                              I think maybe people don't do it because the form just doesn't make sense for a child who wasn't seeking employment. I couldn't find one person who could tell me how to fill it in, or even know that it could be used to obtain a SS# for a minor.
                              Social security didn't even know about it.

                              Glad you brought it up though, definitely interesting question.
                              -----------------------------------------------------------------------------------------------
                              God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

                              National Domestic Violence Hotline:
                              1.800.799.SAFE (7233) 1.800.787.

                              Comment

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