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AOS of a minor child

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  • AOS of a minor child

    Hi All,

    I am trying to help a family friend. They are adjusting from a B2. The mother's application has already been accepted and is being processed, but the minor child's keeps getting rejected.



    When it was first filed (with the mother's applications), it was filed with the 485, 864 and the 944 but it was rejected with the same letter below.

    They also tried the 485 and the 864 (no 944), then they tried the 485 and 944 (no 864). Looking through the instructions they do not appear to qualify to file the 864 EZ.

    Maybe USCIS made a mistake the first time and what should be filed is the 485, 864 and 944?

    Any help would be greatly appreciated.

    Thanks in advance

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  • #2
    The attachment is not clear - can’t read the reasons why it was rejected.
    USC filed AOS for parents on B2. I am not a lawyer.
    Timeline
    2020
    7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
    8/4 <— Checks cashed
    8/5 <— I-797 SMS
    8/24 <— Biometrics completed
    10/19 <— I-485 ("New Card Is Being Produced")
    10/20 <— I-130 and I-485 ("Case Was Approved")
    10/22 <— I-130 and I-485 Approval notices received
    10/28 <— Green card#1 received
    11/07 <— Green card#2 received

    Comment


    • #3
      Originally posted by verbose View Post
      The attachment is not clear - can’t read the reasons why it was rejected.
      Thanks. It says " The application/petition has not been fully completed. Based on the selection made under Part 2 Application Type or Filing Category, the Form I-944 and/or Form I-864/I-864EZ are required. Please review the form instructions for information.

      Comment


      • #4
        How was Part 2 filled out?
        USC filed AOS for parents on B2. I am not a lawyer.
        Timeline
        2020
        7/21 <— 2 sets of I-130/485/944/864/131/765/693 reached Chicago Lockbox
        8/4 <— Checks cashed
        8/5 <— I-797 SMS
        8/24 <— Biometrics completed
        10/19 <— I-485 ("New Card Is Being Produced")
        10/20 <— I-130 and I-485 ("Case Was Approved")
        10/22 <— I-130 and I-485 Approval notices received
        10/28 <— Green card#1 received
        11/07 <— Green card#2 received

        Comment


        • #5
          Originally posted by verbose View Post
          How was Part 2 filled out?
          1.a. Family-based
          Immediate relative of a U.S. citizen, Form I-130

          Comment


          • #6
            Is the child the US citizen petitioner's biological child, step-child, or adopted child? What is the child's age?

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

            Comment


            • #7
              Originally posted by newacct View Post
              Is the child the US citizen petitioner's biological child, step-child, or adopted child? What is the child's age?
              The child would be a step-child to the US citizen, she is 7.
              Best I can figure USCIS just made an error and the I-485, I-864 and I-944 just need to be refiled. (Along with the approved I-130).

              Comment


              • #8
                Yes, the child should have I-485, I-864, and I-944. They should be re-filed now with a copy of the receipt of the child's I-130.

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

                Comment


                • #9
                  Originally posted by newacct View Post
                  Yes, the child should have I-485, I-864, and I-944. They should be re-filed now with a copy of the receipt of the child's I-130.
                  Yeah, that is what I thought (and have done). Thanks for the confirmation.

                  Comment

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