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Do children need i485's or are they registered at the same time as the parent?

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  • Do children need i485's or are they registered at the same time as the parent?

    Hi -

    Just found this site after multiple positive phone calls with USCIS - they're helpful but not always able to answer specifics so I thought I'd come here to ask a few questions.


    First, do children (my wife's son - my stepson - is 8) need seperate i485 forms or are they covered under Part6;Q6 'Is this child applying with you?' If a seperate is needed, I would assume that would make him a dirivative applicant to his mother - my wife, who would be the principal applicant. Am I offbase or does this sound correct?


    Additionally, what are the fees associated with this filing? How can I pay, is it check only - no online payment for i485?

    The forms we are filing are AOS, plus:

    i485 - $ 1225 (is this the correct amount) - if so :'(
    i130 - $ 535
    i130a - $ 0
    i693 - $ 0
    i864 - $ 120 -but free at time of filing for i485 AOS (i think)
    i765 - $ 495 - also free at filing of i485
    i131 - $ 0

  • #2
    Originally posted by michaelj View Post
    Hi -

    Just found this site after multiple positive phone calls with USCIS - they're helpful but not always able to answer specifics so I thought I'd come here to ask a few questions.


    First, do children (my wife's son - my stepson - is 8) need seperate i485 forms or are they covered under Part6;Q6 'Is this child applying with you?' If a seperate is needed, I would assume that would make him a dirivative applicant to his mother - my wife, who would be the principal applicant. Am I offbase or does this sound correct?


    Additionally, what are the fees associated with this filing? How can I pay, is it check only - no online payment for i485?

    The forms we are filing are AOS, plus:

    i485 - $ 1225 (is this the correct amount) - if so :'(
    i130 - $ 535
    i130a - $ 0
    i693 - $ 0
    i864 - $ 120 -but free at time of filing for i485 AOS (i think)
    i765 - $ 495 - also free at filing of i485
    i131 - $ 0
    Yes the child requires a separate forms including i-130. Since he is under 14 years old he will not need biometrics so his i-485 fee will be $1140. You are correct on the other fees. You pay by check or money order. Most people use personal checks that way they can track when they are cashed.

    Comment


    • #3
      Originally posted by michaelj View Post
      Hi -

      Just found this site after multiple positive phone calls with USCIS - they're helpful but not always able to answer specifics so I thought I'd come here to ask a few questions.


      First, do children (my wife's son - my stepson - is 8) need seperate i485 forms or are they covered under Part6;Q6 'Is this child applying with you?' If a seperate is needed, I would assume that would make him a dirivative applicant to his mother - my wife, who would be the principal applicant. Am I offbase or does this sound correct?


      Additionally, what are the fees associated with this filing? How can I pay, is it check only - no online payment for i485?

      The forms we are filing are AOS, plus:

      i485 - $ 1225 (is this the correct amount) - if so :'(
      i130 - $ 535
      i130a - $ 0
      i693 - $ 0
      i864 - $ 120 -but free at time of filing for i485 AOS (i think)
      i765 - $ 495 - also free at filing of i485
      i131 - $ 0
      If you are a US citizen, your spouse is in the Immediate Relative category and cannot have derivative beneficiaries. So the stepson must be separately petitioned as a principal beneficiary.

      If you are a permanent resident, your stepson could be your wife's derivative beneficiary.

      In all cases, each person immigrating needs their own I-485.

      I-864 is part of I-485; it doesn't have a fee. The $120 is only for people doing Consular Processing.
      Both I-765 for EAD and I-131 for Advance Parole are free for AOS applicants.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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