Need help with filing Adjusment of Status

[LizLoza]

I filed I-130 for both my kids, and they were denied because I waited to long (not within 12wks). So INS said I need to start all over again. The INS Officer gave me the adjustment of status application. But my kids have not been approved. My question is should I file the I-130 plus the
I-485 and all additional forms that go with I-485? Or do I just file the
I-485 for both my kids. Do I need to file the work authorization form (they are 13 an 15 years of age).
I would appreciate any response.

 

[NNjie]

1-130 for children under 18 years of age

I called INS and was told I only had to fill out the 1-130 for now. My husband papers are in the working, he has his work authorization and is being fingerprinted next week. I read that you have to fill out this form for children within the 4 months of me filling his papers 1-485; 1-864 and all the others.

 

[JohnR]

cannot tell from your posting

The I-130's were denied because of "not with 12 weeks" of what??? What does this mean? were the I-130 denied or were the I-485 denied???

Did you fail to provide adequate documentation with your original filing? then receive a Request for Evidence and fail to provide the appropriate documentation withing the appropriate time frame?

If this is the case for the I-130 denial, you must either file Motion to Reopen for each I-130 with all the required documentation OR file new I-130s for each of your children. New I-485's should accompany either set of forms.

If I-485's were denied for failure to provide requested documentation, you may file Motion to Reopen (with fee and supporting documentation) or file new I-485 with fee and supporting documentation.

employment authorization is needed if either child wishes to go to work during the time the application is pending. employment authorization is also used to establish a Social Security Account number for a child. If the children do not desire employment and do not need SSN until 485 is approved, the I-765 is optional.