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AOS through marriage. Son of spouse also out of status.

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  • AOS through marriage. Son of spouse also out of status.

    Hello All.
    I'm sure this question is here somewhere but I couldn't find it, so I apologize in advance.
    I have a friend who got married and is currently out of status. He came on a visa and overstayed.
    I told him and his wife I'd help file the paperwork, which I have done for another friend before.
    My question is about the kid.
    So for my other friend, without the kid, he filed a i485 g325a g1145 i130 i765 and i864.
    This person with a son (he's 13 btw, not sure if it makes a difference):
    1 - Does he file the same paperwork?
    2 - What extras are needed because of the son?
    3 - Does the son need the same medical exams?

    Thank you.
    Last edited by Criciuma; 07-02-2014, 02:59 PM.

  • #2
    Barrados,

    Is the petitioner a U.S. citizen? If not, only submit the I-130's, not the Adjustment paperwork.

    If the petitioner is a U.S. citizen, submit separate 'stand-alone" packets, but together, for both the spouse and child. The child is eligible for a reduced I-485 fee if filed at the same time as his dad.

    You should also include I-131 and G-1145 forms for each. The son also needs an immigrant medical exam.

    --Ray B
    Originally posted by barrad0s View Post
    Hello All.
    I'm sure this question is here somewhere but I couldn't find, so I apologize in advance.
    I have a friend who got married and is currently out of status. He came on a visa and overstayed.
    I told him and his wife I'd help file the paperwork, which I have done for another friend before.
    My question is about the kid.
    So for my other friend, without the kid, he filed a i485 g325a g1145 i130 i765 and i864.
    This person with a son (he's 13 btw, not sure if it makes a difference):
    1 - Does he file the same paperwork?
    2 - What extras are needed because of the son?
    3 - Does the son need the same medical exams?

    Thank you.

    Comment


    • #3
      Thank you

      Originally posted by rayb View Post
      Barrados,

      Is the petitioner a U.S. citizen? If not, only submit the I-130's, not the Adjustment paperwork.

      If the petitioner is a U.S. citizen, submit separate 'stand-alone" packets, but together, for both the spouse and child. The child is eligible for a reduced I-485 fee if filed at the same time as his dad.

      You should also include I-131 and G-1145 forms for each. The son also needs an immigrant medical exam.

      --Ray B
      The petitioner is an US citizen, I'm sorry.

      What is the "packet" for the child? I-130, I-485, G-1145? Does the child also need a G-325a ?

      Thank you for your help.

      Comment


      • #4
        The child's packet should have everything same as mom, except that G-325A of child only should accompany I-485. His I-130 does not need petitioner and beneficiary G-325A's (unlike a spousa i-130).

        --Ray B

        Originally posted by barrad0s View Post
        The petitioner is an US citizen, I'm sorry.

        What is the "packet" for the child? I-130, I-485, G-1145? Does the child also need a G-325a ?

        Thank you for your help.

        Comment

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