K-2 Age-Out date

[djacob7 0]

The following quote attempts to formalize the date at which a K-2 visa applicant must be under the age of 21:

"In Choin, Verokin and now Colmenares Carpio, the federal courts have rejected USCIS’s position and instead considered the language of the applicable statutes. The Immigration and Nationality Act provides that a child of a fiancée who accompanies or follows to join his parent may enter the United States with a K-2 visa. Furthermore, the Act defines a child as an unmarried person under the age of twenty-one years of age. This cross reference suggests that the age at which an applicant “seeks to enter” the United States is controlling and not the age at the time the adjustment of status application is decided. Moreover, the plain language of the statute makes clear that the age of the “the minor child” is the age before the marriage occurs and before the child enters the United States."

My question is: What date determines when the K-2 applicant "seeks to enter" the U.S.? Is it the date that the post office stamped the envelope containing the application? Is it the date that the embassy received the application? Is it the date when the embassy formally accepted the application?

[NigeriaorBust 4,087]

Sounds like the day they are at the border tying to get in