K-2 aging-out

[StvM 1]

Hi everyone.

I would like to find out if anyone knows - what course of action (if any) can be taken in situation like my fiancée and I in right now.

I sent out I-129F about a month ago. Looking at "current" processing times it would be virtually impossible to bring my fiancée daughter here (she turns 21 at the end of October). However I don't want to give up or simply let it go as is. After receipt of NOA1, letter was sent to VSC, asking for expedited processing on this application. Most likely it is already in the shredder

(Sorry for sarcasm, but all I had is a bad experience with USCIS, took them 3 years to process my Green Card and 5+ years and lawsuit to get Citizenship, both slow-downs because of "lost paperwork" which was miraculously "found" once lawsuit was filed).

Anyway, I would like to find out if anyone had situation like this, and what to do? Does hiring attorney will help or nothing can be done?

Also - how long does it take for case status to show online? It is a month already, but...."Your case can not be found at this time in My Case Status...."

[JimVaPhuong 4,863]

Hi everyone.

I would like to find out if anyone knows - what course of action (if any) can be taken in situation like my fiancée and I in right now.

I sent out I-129F about a month ago. Looking at "current" processing times it would be virtually impossible to bring my fiancée daughter here (she turns 21 at the end of October). However I don't want to give up or simply let it go as is. After receipt of NOA1, letter was sent to VSC, asking for expedited processing on this application. Most likely it is already in the shredder

(Sorry for sarcasm, but all I had is a bad experience with USCIS, took them 3 years to process my Green Card and 5+ years and lawsuit to get Citizenship, both slow-downs because of "lost paperwork" which was miraculously "found" once lawsuit was filed).

Anyway, I would like to find out if anyone had situation like this, and what to do? Does hiring attorney will help or nothing can be done?

Also - how long does it take for case status to show online? It is a month already, but...."Your case can not be found at this time in My Case Status...."

I wouldn't worry much about the online case status. It's never been very reliable. Many cases never get entered into the system, and many others never get updated when they're supposed to. What you're looking at is not the actual database where the cases are stored, but a publicly accessible database that contains minimal information about each case. The public database is updated by an automatic program. A variety of different status flags in the 'real' database can prevent the program from transferring information about a case to the online database.

Your situation doesn't look good. A possible age-out situation is less likely to be expedited at the petition stage when the person aging out is a derivative rather than the primary beneficiary. Even if you manage to get it expedited at every stage, the likelihood of getting your future step-daughter to the US and completing her adjustment of status before she's 21 is very remote.

Hiring a lawyer isn't likely to speed things up, unless you happen to find a lawyer who has friends in high places at USCIS. You could contact your elected representatives, but there's not much they can do to put pressure on USCIS until your case is outside of normal processing times. Add to this the fact that you're probably not on USCIS' favorites list... well, you see where I'm going with that.

Basically, you need to complete everything, from petition to green card, before the end of October. It seems like it would be a minor miracle of this happened.

If she ages out then your wife will have to petition for her once she get's her green card.

[Gary and Alla 3,694]

Hi everyone.

I would like to find out if anyone knows - what course of action (if any) can be taken in situation like my fiancée and I in right now.

I sent out I-129F about a month ago. Looking at "current" processing times it would be virtually impossible to bring my fiancée daughter here (she turns 21 at the end of October). However I don't want to give up or simply let it go as is. After receipt of NOA1, letter was sent to VSC, asking for expedited processing on this application. Most likely it is already in the shredder

(Sorry for sarcasm, but all I had is a bad experience with USCIS, took them 3 years to process my Green Card and 5+ years and lawsuit to get Citizenship, both slow-downs because of "lost paperwork" which was miraculously "found" once lawsuit was filed).

Anyway, I would like to find out if anyone had situation like this, and what to do? Does hiring attorney will help or nothing can be done?

Also - how long does it take for case status to show online? It is a month already, but...."Your case can not be found at this time in My Case Status...."

Your case will not be expedited for this reason. The AOS, technically, must be completed before she turns 21. There are plenty of examples of AOS being approved if it was FILED before age 21. Given that her 21st birthday is just 5 months away and any expedite requested would only apply to USCIS, I would say you can forget her getting a K-2. It doesn't cost anything to add her name to the petition and you are supposed to list ALL children anyway.

Your fiancee/wife will be able to petition her when she becomes a citizen. Until then a tourist visa is probably your best chance.

[NigeriaorBust 4,087]

If the daughter is over 21 and unmarried the wife can petition as an LPR

[Enigma11561 336]

She has to have her VISA ISSUED before turning 21. With this, she can at least enter the US. You will however, then have to go trough the AOS after she turned 21 and that WILL be another issue. Since your chances of her getting a valid issue at this point is..well... short of impossible, I would look into other avenues.

My wife's son made it here only a few weeks before he turned 21, filed before 21, had his AOS interview 6 months after turning 21 and we are now sweating whether he will be issued his green card or face expensive and lengthy court procedures.

[StvM 1]

Basically, you need to complete everything, from petition to green card, before the end of October. It seems like it would be a minor miracle of this happened.

If she ages out then your wife will have to petition for her once she get's her green card.

Well, miracles do happen, when you trully wish for them. We didn't lose hope in this journey, and here it is.

First small miracle happened when VSC denied expedited, but processed our case in just 3 month.

In the meantime second small miracle happened, BIA ruled on 06/21/2011 in the binding decision, that K-2 CAN adjust as long, as they enter country before 21-st birthday. So, adjustment at anytime is not a problem anymore.

Third small miracle happened, after e-mail to Embassy. They actually agreed to expedite request and did interview on September, 30 (consular section is closed on that day, last Friday of the month.).

Today Olya got passports with visas, in her hand.

Just two weeks shy of my step-daugher's birthday.

What else could we wish for?

Edited October 10, 2011 by StvM

[sib 7]

Congratulations!

Now you just need to have them entering US ASAP, get married and also file AOS ASAP.

Best wishes to you and your family!

Sib

[JimVaPhuong 4,863]

Well, miracles do happen, when you trully wish for them. We didn't lose hope in this journey, and here it is.

First small miracle happened when VSC denied expedited, but processed our case in just 3 month.

In the meantime second small miracle happened, BIA ruled on 06/21/2011 in the binding decision, that K-2 CAN adjust as long, as they enter country before 21-st birthday. So, adjustment at anytime is not a problem anymore.

Third small miracle happened, after e-mail to Embassy. They actually agreed to expedite request and did interview on September, 30 (consular section is closed on that day, last Friday of the month.).

Today Olya got passports with visas, in her hand.

Just two weeks shy of my step-daugher's birthday.

What else could we wish for?

That's awesome news. Congrats!

There was a small "party" in the AOS forum when that BIA decision was published.

[Touch of Treble 39]

Well, miracles do happen, when you trully wish for them. We didn't lose hope in this journey, and here it is.

First small miracle happened when VSC denied expedited, but processed our case in just 3 month.

In the meantime second small miracle happened, BIA ruled on 06/21/2011 in the binding decision, that K-2 CAN adjust as long, as they enter country before 21-st birthday. So, adjustment at anytime is not a problem anymore.

Third small miracle happened, after e-mail to Embassy. They actually agreed to expedite request and did interview on September, 30 (consular section is closed on that day, last Friday of the month.).

Today Olya got passports with visas, in her hand.

Just two weeks shy of my step-daugher's birthday.

What else could we wish for?

WOW God is GOOD...and Miracles DO happen! Congratulations!