K2 VISA AOS

[Road 2 Peace Arch 0]

I'd like to verify something. My K1 fiancee has a 19 year old daughter. My concern is the Age Out possiblity for the daughter since my understanding is she must be under 21 years of age at the time of "approval" for her K2 AOS. Is my understanding correct or, is it possibe that at the time of filing, she must be under 21 years of age?

I'm concerned because the daughter is a 3rd year Nursing student now and we need to coordinate when she will arrive in the US on a K2 and not age out before 21 years of age for the AOS process.

It appears the average time for AOS approval for K visas are between 4-6 months with others taking up to 9 months or longer. Is that true?

Thank you.

[sjr09 155]

I'd like to verify something. My K1 fiancee has a 19 year old daughter. My concern is the Age Out possiblity for the daughter since my understanding is she must be under 21 years of age at the time of "approval" for her K2 AOS. Is my understanding correct or, is it possibe that at the time of filing, she must be under 21 years of age?

I'm concerned because the daughter is a 3rd year Nursing student now and we need to coordinate when she will arrive in the US on a K2 and not age out before 21 years of age for the AOS process.

It appears the average time for AOS approval for K visas are between 4-6 months with others taking up to 9 months or longer. Is that true?

Thank you.

I'm not sure if this will help you, but it's my understanding that the US now Recognizes nursing from the PI and or schools so maybe you can look into that if is about timing "Age Out" and you are right about the timelines.

[Gary and Alla 3,696]

I'd like to verify something. My K1 fiancee has a 19 year old daughter. My concern is the Age Out possiblity for the daughter since my understanding is she must be under 21 years of age at the time of "approval" for her K2 AOS. Is my understanding correct or, is it possibe that at the time of filing, she must be under 21 years of age?

I'm concerned because the daughter is a 3rd year Nursing student now and we need to coordinate when she will arrive in the US on a K2 and not age out before 21 years of age for the AOS process.

It appears the average time for AOS approval for K visas are between 4-6 months with others taking up to 9 months or longer. Is that true?

Thank you.

Adjustment of status must be DONE before age 21. It is advised to notify USCIS that there is a possible age out if the AOS is filed close to the applicants birthday. Within reason, they will accomodate you. If you send it a week before her 21st birthday, do not expect much accomodation.

She must also have her K-2 issued no more than 1 year from her mother's K-1. She then has 6 months to travel to the US and adjust status. We are doing exactly the same thing with our oldest son, also attending University in Russia. He was just issued his K-2 last week (10 months after wife's K-1) and will be here in mid-July. We have prepared the path, so to speak, with our local USCIS office to get his green card ASAP or at the very least an "emergency" AP so he can return to Russia for classes in September. You will just have to prioritize this and get her here when it works best. We are trying not to have our son miss any of his education, so far, so good.

Also, since it is a K-2 to follow, your wife will, at minimum, need to be married to you AND have the NOA1 from her filing of AOS in order for the K-2 to be issued. In Kiev, ONE of us, was required to be at the interview. I do not know whether Manilla has the same rule.

But the 1 year rule to issue the K-2 and the age 21 issue are pretty much carved in stone. Sounds like (if she is 19 now) the one year rule will be the dictating factor

The good news is, the K-2 is easy to get issued and easy to adjust status...particularly if the mother has already adjusted status.

[Road 2 Peace Arch 0]

I'd like to verify something. My K1 fiancee has a 19 year old daughter. My concern is the Age Out possiblity for the daughter since my understanding is she must be under 21 years of age at the time of "approval" for her K2 AOS. Is my understanding correct or, is it possibe that at the time of filing, she must be under 21 years of age?

I'm concerned because the daughter is a 3rd year Nursing student now and we need to coordinate when she will arrive in the US on a K2 and not age out before 21 years of age for the AOS process.

It appears the average time for AOS approval for K visas are between 4-6 months with others taking up to 9 months or longer. Is that true?

Thank you.

Adjustment of status must be DONE before age 21. It is advised to notify USCIS that there is a possible age out if the AOS is filed close to the applicants birthday. Within reason, they will accomodate you. If you send it a week before her 21st birthday, do not expect much accomodation.

She must also have her K-2 issued no more than 1 year from her mother's K-1. She then has 6 months to travel to the US and adjust status. We are doing exactly the same thing with our oldest son, also attending University in Russia. He was just issued his K-2 last week (10 months after wife's K-1) and will be here in mid-July. We have prepared the path, so to speak, with our local USCIS office to get his green card ASAP or at the very least an "emergency" AP so he can return to Russia for classes in September. You will just have to prioritize this and get her here when it works best. We are trying not to have our son miss any of his education, so far, so good.

Also, since it is a K-2 to follow, your wife will, at minimum, need to be married to you AND have the NOA1 from her filing of AOS in order for the K-2 to be issued. In Kiev, ONE of us, was required to be at the interview. I do not know whether Manilla has the same rule.

But the 1 year rule to issue the K-2 and the age 21 issue are pretty much carved in stone. Sounds like (if she is 19 now) the one year rule will be the dictating factor

The good news is, the K-2 is easy to get issued and easy to adjust status...particularly if the mother has already adjusted status.

Thanks Gary, good to read about your similar situation. A couple of follow up questions:

How or what did you do to "prepare the path" at your local USCIS office?

I'm also interested to know how long a child can stay out of the US, at any given time, in order to attend University in another country without creating another problem for themselves at the end of the two-year green card span when I assume they have to account for all of the time they spent out of the USA when they apply to remove conditions or whatever it's called and get the 10 year green card?

Thanks.

[mamalou 0]

I'd like to verify something. My K1 fiancee has a 19 year old daughter. My concern is the Age Out possiblity for the daughter since my understanding is she must be under 21 years of age at the time of "approval" for her K2 AOS. Is my understanding correct or, is it possibe that at the time of filing, she must be under 21 years of age?

I'm concerned because the daughter is a 3rd year Nursing student now and we need to coordinate when she will arrive in the US on a K2 and not age out before 21 years of age for the AOS process.

It appears the average time for AOS approval for K visas are between 4-6 months with others taking up to 9 months or longer. Is that true?

Thank you.

WE have the same situation my daugther too is 19 yo & she is here with me now in the US, I have filled my AOS already & waiting for my approval while my daughter filled EAD (only).. Recently, I called USCIS & the lady officer confirmed to me that she is illegible to apply for AOS & encourage her to apply before she age out.

[Gary and Alla 3,696]

I'd like to verify something. My K1 fiancee has a 19 year old daughter. My concern is the Age Out possiblity for the daughter since my understanding is she must be under 21 years of age at the time of "approval" for her K2 AOS. Is my understanding correct or, is it possibe that at the time of filing, she must be under 21 years of age?

I'm concerned because the daughter is a 3rd year Nursing student now and we need to coordinate when she will arrive in the US on a K2 and not age out before 21 years of age for the AOS process.

It appears the average time for AOS approval for K visas are between 4-6 months with others taking up to 9 months or longer. Is that true?

Thank you.

Adjustment of status must be DONE before age 21. It is advised to notify USCIS that there is a possible age out if the AOS is filed close to the applicants birthday. Within reason, they will accomodate you. If you send it a week before her 21st birthday, do not expect much accomodation.

She must also have her K-2 issued no more than 1 year from her mother's K-1. She then has 6 months to travel to the US and adjust status. We are doing exactly the same thing with our oldest son, also attending University in Russia. He was just issued his K-2 last week (10 months after wife's K-1) and will be here in mid-July. We have prepared the path, so to speak, with our local USCIS office to get his green card ASAP or at the very least an "emergency" AP so he can return to Russia for classes in September. You will just have to prioritize this and get her here when it works best. We are trying not to have our son miss any of his education, so far, so good.

Also, since it is a K-2 to follow, your wife will, at minimum, need to be married to you AND have the NOA1 from her filing of AOS in order for the K-2 to be issued. In Kiev, ONE of us, was required to be at the interview. I do not know whether Manilla has the same rule.

But the 1 year rule to issue the K-2 and the age 21 issue are pretty much carved in stone. Sounds like (if she is 19 now) the one year rule will be the dictating factor

The good news is, the K-2 is easy to get issued and easy to adjust status...particularly if the mother has already adjusted status.

Thanks Gary, good to read about your similar situation. A couple of follow up questions:

How or what did you do to "prepare the path" at your local USCIS office?

I'm also interested to know how long a child can stay out of the US, at any given time, in order to attend University in another country without creating another problem for themselves at the end of the two-year green card span when I assume they have to account for all of the time they spent out of the USA when they apply to remove conditions or whatever it's called and get the 10 year green card?

Thanks.

Since my wife and younger son already have their green cards, I made an infopass appointment a few weeks ago. I ended up meeting with the director of the local office. I simply explained everything about our case and our needs. They were very cooperative (at least they talk a good fight) and said for me to file his AOS with the Chicago lockbox as normal. When I get the NOA1, I am to make another infopass appointment and come into the office for biometrics. At this time the local office will request the application from Chicago, rather than the normal wait until Chicago gets around to sending it. They will then approve it and process his green card. No interview will be needed (it is a k-2, not a k-1, there is really nothing to "prove") If he does not receive his green card within 10 days before he leaves for school, make another infopass appointment and they will issue an AP or put the I-551 in his passport. They will then send the green card to the Moscow consulate for him to pick up.

A student, I am told, can stay outside the USA for up to one year without AP. They should have school enrollment papers or school ID when they re-enter to verify their status as a student. I will verify that again before he leaves, as sometimes the information you get is not always accurate.

[Gary and Alla 3,696]

I'd like to verify something. My K1 fiancee has a 19 year old daughter. My concern is the Age Out possiblity for the daughter since my understanding is she must be under 21 years of age at the time of "approval" for her K2 AOS. Is my understanding correct or, is it possibe that at the time of filing, she must be under 21 years of age?

I'm concerned because the daughter is a 3rd year Nursing student now and we need to coordinate when she will arrive in the US on a K2 and not age out before 21 years of age for the AOS process.

It appears the average time for AOS approval for K visas are between 4-6 months with others taking up to 9 months or longer. Is that true?

Thank you.

WE have the same situation my daugther too is 19 yo & she is here with me now in the US, I have filled my AOS already & waiting for my approval while my daughter filled EAD (only).. Recently, I called USCIS & the lady officer confirmed to me that she is illegible to apply for AOS & encourage her to apply before she age out.

I think you meant to say "eligible". Yes she is eligible and you should apply ASAP. Not only because of age out (probably not an issue if she is 19) but because she may want to work or go to school. She must have a green card to apply for student aid, etc.