K2 AOS Ageout

[NatHug 1]

Hello All

I need some help if anyone can..

My Stepson will be 21 in September, 2006. We have filled an AOS received by USCIS on December 22, 2006. He has received his AP, EAD and has done biometrics. The status says that the AOS in taking between 120 and 180 days to process. Here is the question.

I understand that the ageout law passed in 2002 does not apply to K2 AOS applicants. As he will be 21 in September, 2006 we are concerned that the AOS will not be process by this time. Do I need to file an I-130 for him before September (or can I file an I-130).

Any suggestions/advice will be appreciated.

We live in Tennessee and I am guessing that the AOS will be sent there when it leaves MSC.

Thanks in advance

[Anastasia 1]

Don't know how to help you but I'll bump it up.

Bump!

[Girona40 0]

Hello All

I need some help if anyone can..

My Stepson will be 21 in September, 2006. We have filled an AOS received by USCIS on December 22, 2006. He has received his AP, EAD and has done biometrics. The status says that the AOS in taking between 120 and 180 days to process. Here is the question.

I understand that the ageout law passed in 2002 does not apply to K2 AOS applicants. As he will be 21 in September, 2006 we are concerned that the AOS will not be process by this time. Do I need to file an I-130 for him before September (or can I file an I-130).

Any suggestions/advice will be appreciated.

We live in Tennessee and I am guessing that the AOS will be sent there when it leaves MSC.

Thanks in advance

Our son is considered an "age-out", although there is a lot of controversy as to whether K-2's age-out at all. Anyway, long story - just read my profile if you want to know what has been going on.

If I were you, I would get an INFOPASS appointment with your district office and point out that your stepson is going to be 21 in September. Tell them you want his file EXPEDITED so that he doesn't "age-out. Get something in writing from them to confirm that they have done something to fast track his case.

In the meantime get on to your congressional representative...............NOW! Explain the situation and have them contact the USCIS congressional liaison and put pressure to have them expedite the file.

If you are not happy with the level of response, or help, from the USCIS officer at your INFOPASS appointment, make sure you speak to a Supervisor (make notes of all names).

We recently went to meet with the District Director of the Washington DC office and she said that had they known that my son was likely to "age out" there were steps they could have taken to ensure he didn't. Quite what, I don't know. Anyway, make them well-aware!

You cannot file an I-130 for your stepson. Your wife can once she becomes an LPR. However, it doesn't really help a K-2 much. My son was approved the I-130 but is still in the 2nd Preference catagory, which means a wait of approximately 8 - 10 years for an immigrant visa! I am soon to become a citizen and that will bump him up to a 1st Preference, with a wait of only 4 years (approx.) for his visa. We are going through the MTR process now and this has been going on for nearly 4 years now.

Don't let up - make sure you continue to make noise now, rather than making noise when it is too late.

Good Luck!

[spmalone 0]

My lawyer talked to Girona40's lawyer about this age out issue and said that she believes that there is a very good aurgment that K-2's do not age out. I know this is just their opions, but she felt very strongly that they do not age out. She did not feel this way before chatting with Girona40"s lawyer. I would also see if there is a way to push the AOS, so you will not have to fight the age out issue. I would maake your case as visible as possible. Congressman, Senators, and lawyers if your funds allow.

Do not let them forget about you.

[NatHug 1]

Thanks for the replys..

My notice from USCIS states that is taking between 120 and 180 days to process this type of case. May 22, 2006, will be 180 days. It states that you can contact USCIS if you have not received a decision within the maximun time frame. I am thinking that I should allow them the 180 days then if no decision I will ask for the case to be move to the front because of his age-out. This will give me 90 days to try and get it processed.

Any thoughts?

Thanks for any help..

[Girona40 0]

Thanks for the replys..

My notice from USCIS states that is taking between 120 and 180 days to process this type of case. May 22, 2006, will be 180 days. It states that you can contact USCIS if you have not received a decision within the maximun time frame. I am thinking that I should allow them the 180 days then if no decision I will ask for the case to be move to the front because of his age-out. This will give me 90 days to try and get it processed.

Any thoughts?

Thanks for any help..

Personally, I wouldn't wait until the 180 days is up. It took them over 300 days to set up my son's interview and then it was too late! We have been battling for years now and it has been VERY expensive!!!

There are Standard Operating Procedures for kids that are about to turn 21, but it seems the USCIS don't follow them. I would get onto them now..................I wouldn't wait............and ask them if this file has been "flagged" because it is a possible "age-out". Make sure they are aware that it could be a possible "age-out" situation. There are things they can do if they are made fully aware of it, but if they haven't realised that this case should be "flagged" and being expeditiously handled, you are going to have one hell of a mess to deal with.

If you want this boy to be allowed to stay and not to go through the heartache we have, and several others, don't let this just sit on the desk of a USCIS official who will deal with it when they get round to it - get the processing of his file expedited.

Just my opinion, based on our experience. It's up to you in the end.

[spmalone 0]

Girona40 is right it is very expensive to just sit and wait. I was very pleased by the response of USCIS once our lawyer made it clear that my K-2 was getting close to 21 birthday. They did go out of there way to move up court dates and reduce the time between legal moves. Of course we should have had to been there at all, but that is a different thing. Please, call everybody you can so you can avoid what Girona40 is going through.

[Girona40 0]

Girona40 is right it is very expensive to just sit and wait. I was very pleased by the response of USCIS once our lawyer made it clear that my K-2 was getting close to 21 birthday. They did go out of there way to move up court dates and reduce the time between legal moves. Of course we should have had to been there at all, but that is a different thing. Please, call everybody you can so you can avoid what Girona40 is going through.

Just to let you know another family are going through this nightmare! Their son applied for AOS when he was 20 and because of the time it took to process the USCIS are saying he has "aged-out" too. Just received the letter that he has to leave the country within 30 days.

Just to reiterate that you may want to be pro-active in your case, rather than going through the hell of fighting a denial.

[Autumnal 25]

These posts are very, very insightful - definitely good reading for anyone in the same situation. I'm not, but let me put in my support for actively pursuing it -- even with a bit of discomfort -- will save a lot more grief and money in the long run. That's usually the case with the government.

[Alia 0]

Hello All

I need some help if anyone can..

My Stepson will be 21 in September, 2006. We have filled an AOS received by USCIS on December 22, 2006. He has received his AP, EAD and has done biometrics. The status says that the AOS in taking between 120 and 180 days to process. Here is the question.

I understand that the ageout law passed in 2002 does not apply to K2 AOS applicants. As he will be 21 in September, 2006 we are concerned that the AOS will not be process by this time. Do I need to file an I-130 for him before September (or can I file an I-130).

Any suggestions/advice will be appreciated.

We live in Tennessee and I am guessing that the AOS will be sent there when it leaves MSC.

Thanks in advance

Hi! I had a similar case. You need through infopass ask an immigration officer to expedite your case for both-wife and step son, couse by the low he can not to be adjusted before his mother, who came on K-1. The child protection act protect the child ,if you were marriage before he turn 18.

[iceyspots 0]

Thanks for the replys..

My notice from USCIS states that is taking between 120 and 180 days to process this type of case. May 22, 2006, will be 180 days. It states that you can contact USCIS if you have not received a decision within the maximun time frame. I am thinking that I should allow them the 180 days then if no decision I will ask for the case to be move to the front because of his age-out. This will give me 90 days to try and get it processed.

Any thoughts?

Thanks for any help..

For an issue like this, it's best to take action as soon as possible !

[Girona40 0]

Hello All

I need some help if anyone can..

My Stepson will be 21 in September, 2006. We have filled an AOS received by USCIS on December 22, 2006. He has received his AP, EAD and has done biometrics. The status says that the AOS in taking between 120 and 180 days to process. Here is the question.

I understand that the ageout law passed in 2002 does not apply to K2 AOS applicants. As he will be 21 in September, 2006 we are concerned that the AOS will not be process by this time. Do I need to file an I-130 for him before September (or can I file an I-130).

Any suggestions/advice will be appreciated.

We live in Tennessee and I am guessing that the AOS will be sent there when it leaves MSC.

Thanks in advance

Hi! I had a similar case. You need through infopass ask an immigration officer to expedite your case for both-wife and step son, couse by the low he can not to be adjusted before his mother, who came on K-1. The child protection act protect the child ,if you were marriage before he turn 18.

The CSPA does not protect a K-2 applicant for AOS at all. The K is a non-immigrant visa and the CSPA was enacted to help those that have immigrant visas. Johnny Williams' (regional USCIS director) memo of 14th February 2003 made is quite clear to all posts (caseworkers, consular officials etc.) that K-2's are not covered by the CSPA.

[yogib37 3]

I heard Micheal Gurfinkel On TFC.. I think he said as long as you apply for his AOS before his 21st birthday he wont age out. you will have the problems if after you apply.

If it is really close to their 21st birthday and to make sure you dont get a refused petition you should let a lawyer do it..

he read a case that some Philippine USC apply for his son and he petition was rejected for some form errors and he got the notice on his 21 birthday thus he could not petition him again..

spend the extra money on a lawyer to make sure you dont get messed up

Yogi

this is only my opinon

[NatHug 1]

Hello Everyone..

I want to thank everyone for your feedback and opinions and help. I would still like to hear from more of you especially if you have been through this situation. Also, anyone who has received a AOS for a K2 visa, I would like to know if you went through a interview process. The current status f my stepson states that the a decision "will be given within the maximun time given: which is 180 days from December 22, 2005. I have never seen a status that is that specific.

I also found this on the FAQ section of the USCIS NBS website:

"What is the process for handling cases in which the applicant is close to aging-out?

While many applicants are covered by the Child Status Protection Act (CSPA), there may be instances in which an applicant requests expeditious processing to prevent age-out complications. Applicants should notify the Field Office of any potential age-out concerns."

I used this suggestion from the National Benefits Center to write the Memphis Sub Office and request expeditious processing if my stepson will be affected by the age-out rule. I have also written my congressman for clarification and help if necessary.

To further clarify, we filled on November 5, 2005. Received by NBS on November, 22, 2005. AP and EAD have been received and bio-metrics is complete. My son will be 21 on Septemter 21, 2006. Also, I read that some law or act states that for age-out calculations it is 21 years plus 90 days. Has anyone heard of this?

I have read in some cases for K2 Applications the NBS will issue a green card and not sent to Sub Office. Has this happen for anyone...

Thanks to All

Sorry , I noticed I wrote NBS.. I meant NBC ( National Benefits Center)

Also, I wife has already received greencard last year.. we went throught Memphis and had no problems. The process too 11 months fro filling to receipt of green card..

Thanks

[Girona40 0]

Hello Everyone..

I want to thank everyone for your feedback and opinions and help. I would still like to hear from more of you especially if you have been through this situation.

Not many go through this situation, you'll be glad to hear. So you won't find many other applicants that can help you. You would be best to find an attorney.

Also, anyone who has received a AOS for a K2 visa, I would like to know if you went through a interview process.

I have two children, both entered as K-2's, both had AOS interviews.

The current status f my stepson states that the a decision "will be given within the maximun time given: which is 180 days from December 22, 2005. I have never seen a status that is that specific.

There is always an "estimated" processing time and they don't mean anything! Some offices may fall within that time and with other offices you can forget it! Trust me, the USCIS don't have to process anything within any given period of time. If you haven't received an interview date for your wife and son, by now, bear in mind that the interview may not be scheduled for several months after you receive the notice.

I also found this on the FAQ section of the USCIS NBS website:

"What is the process for handling cases in which the applicant is close to aging-out?

While many applicants are covered by the Child Status Protection Act (CSPA), there may be instances in which an applicant requests expeditious processing to prevent age-out complications. Applicants should notify the Field Office of any potential age-out concerns."

I used this suggestion from the National Benefits Center to write the Memphis Sub Office and request expeditious processing if my stepson will be affected by the age-out rule. I have also written my congressman for clarification and help if necessary.

Let me just mention that LETTERS from petitioners to the USCIS are often ignored completely. Since Sept 11th there are processes that keep letters from Immigration Officer's, Supervisors, District Directors, etc. for several weeks before they are even opened. The congressman may have some more luck, but again it may be weeks before they get a response.

To further clarify, we filled on November 5, 2005. Received by NBS on November, 22, 2005. AP and EAD have been received and bio-metrics is complete. My son will be 21 on Septemter 21, 2006. Also, I read that some law or act states that for age-out calculations it is 21 years plus 90 days. Has anyone heard of this?

This is for IMMIGRANT child petitions - i.e. a child of a US citizen, a stepchild of a US citizen. Neither of these apply to you. You did not file an I-130 and cannot. Your wife can when she receives her Green Card, but that isn't going to help you now. Your stepson is a K-2 NON-IMMIGRANT and the CSPA has no relevance at all.

I have read in some cases for K2 Applications the NBS will issue a green card and not sent to Sub Office. Has this happen for anyone...

NO - the Green Card in your case will be issued the Service Center dealing with your case. IMMIGRANT petitions are dealt with by the NBC.

Sorry , I noticed I wrote NBS.. I meant NBC ( National Benefits Center)

Also, I wife has already received greencard last year.. we went throught Memphis and had no problems. The process too 11 months fro filling to receipt of green card..

If your wife received her Green Card last year - I am presuming that she entered prior to her child. Is this correct? Did he "follow to join" within one year of her ENTERING the US? If they entered together the interview would usually have been scheduled for them to attend together.

I can't stress enough that you need an ATTORNEY............NOW! We don't know your case, but an attorney would be able to go through the pieces and parts, and figure out what is going one and what needs to be done. Make sure you get an attorney that SPECIALISES in FAMILY immigration and not employment-based.

Oh, and the previous poster's comments about Michael Garfinkel saying "If you apply for AOS before his 21st birthday he won't age out". Garfinkel was referring to an IMMIGRANT petition i.e. an I-130 and not a NON-IMMIGRANT K-2 for which you file an I-129F. Do what has been suggested by several on this thread already...................GET AN ATTORNEY, because there are many well-meaning people on this site, and others, who will try to help, but have no experience of the K-2 pitfalls. It is easy to be totally confused by what those without in-depth experience with K-2 immigration laws quote they have heard, but that doesn't apply in your case.

Thanks