loss of k2 or finish schooling

[charlie471963 3]

Hi all, Was wondering if someone could answer this question my to be step son is enrolled in school in the philippines he is working toward a bs in nursing and is now down to his last year he will get his degree this coming april of 2013 he will be 20 this may 2012 and his mother and I if

all goes well will be doing the interview in june , anyway I guess you can see our problem by now is it possible to bring the boy here and have him adjust status and go back finish his schooling which would take one year and then return here with out losing his k2 I thank all who can give a hand .

[Enigma11561 336]

Yes. He must arrive here before his 21st birthday. Not a day later. He can adjust his status and then wait for his GC. Although he could travel with an AP, he would have to return for his interview, if he does have one. Better to wait for his GC. Further, he cannot be out of country for more than 6 months. I am not sure about any kind of waivers for an extended overseas stay for schooling. Maybe some one else can answer that. I know that Gary and Alla had a son who was going to school in Moscow and traveling back and forth. You might try and reach them.

[grrrrreat 109]

Hi all, Was wondering if someone could answer this question my to be step son is enrolled in school in the philippines he is working toward a bs in nursing and is now down to his last year he will get his degree this coming april of 2013 he will be 20 this may 2012 and his mother and I if

all goes well will be doing the interview in june , anyway I guess you can see our problem by now is it possible to bring the boy here and have him adjust status and go back finish his schooling which would take one year and then return here with out losing his k2 I thank all who can give a hand .

So let's break it down by steps:

1) He gets the K-2. He needs to travel to the U.S. before it expires. The K-2 is a single entry visa, meaning he can use it to enter the U.S. only once. Once you marry your fiancee, he can apply for adjustment of status (AOS) using I-485 from inside the U.S. (just like you will).

2) When he applies for AOS, he can also apply for advance parole using I-131. DO NOT let him leave the U.S. before he obtains advance parole--it can take a couple months. If he leaves while AOS is pending, the AOS application will be cancelled and he will not be allowed back in the U.S. Also be aware that the AOS process requires him to be in the U.S. at least for biometrics appointment, medical appointment and for the USCIS interview.

3) When AOS is complete, he will become a legal permanent resident (LPR or Green Card). LPRs have to maintain residence in the U.S. but he can leave temporarily for up to one year. He can leave temporarily for up to two years if he applies for a re-entry permit. You use I-131 to apply for a reentry permit after the Green Card is approved.

The answer is yes, he should be able to adjust status and then go back for a year, however, the timing might be an issue if he plans to finish his degree by April 2013. He cannot leave the U.S. at all at least until he has advance parole, and may have to come back to complete some of the steps for AOS. Once he has a green card, however, he can be out of the U.S. for up to a year or two years with a re-entry permit.

[cerebus407 16]

So let's break it down by steps:

1) He gets the K-2. He needs to travel to the U.S. before it expires. The K-2 is a single entry visa, meaning he can use it to enter the U.S. only once. Once you marry your fiancee, he can apply for adjustment of status (AOS) using I-485 from inside the U.S. (just like you will).

2) When he applies for AOS, he can also apply for advance parole using I-131. DO NOT let him leave the U.S. before he obtains advance parole--it can take a couple months. If he leaves while AOS is pending, the AOS application will be cancelled and he will not be allowed back in the U.S. Also be aware that the AOS process requires him to be in the U.S. at least for biometrics appointment, medical appointment and for the USCIS interview.

3) When AOS is complete, he will become a legal permanent resident (LPR or Green Card). LPRs have to maintain residence in the U.S. but he can leave temporarily for up to one year. He can leave temporarily for up to two years if he applies for a re-entry permit. You use I-131 to apply for a reentry permit after the Green Card is approved.

The answer is yes, he should be able to adjust status and then go back for a year, however, the timing might be an issue if he plans to finish his degree by April 2013. He cannot leave the U.S. at all at least until he has advance parole, and may have to come back to complete some of the steps for AOS. Once he has a green card, however, he can be out of the U.S. for up to a year or two years with a re-entry permit.

The advice above is great. Probably the best way to do it because if you wait, he may age out of the K2 and then he would have to be petitioned by his mother as the adult, unmarried child of an LPR. this category has a wait of 3+ years. You cannot petition him yourself because there is no petitionable relationship between you and your stepson. Stepchildren can only be petitioned for if the qualifying marriage occurred prior to their 18th birthday.

You stepson should see if the credits will transfer to a US university if you don't want to interrupt the schooling. Otherwise, he takes a year off and finishes later. As an aside, as an LPR with a nursing degree he will be a hot commodity on the dating market in the PHL

So let's break it down by steps:

1) He gets the K-2. He needs to travel to the U.S. before it expires. The K-2 is a single entry visa, meaning he can use it to enter the U.S. only once. Once you marry your fiancee, he can apply for adjustment of status (AOS) using I-485 from inside the U.S. (just like you will).

2) When he applies for AOS, he can also apply for advance parole using I-131. DO NOT let him leave the U.S. before he obtains advance parole--it can take a couple months. If he leaves while AOS is pending, the AOS application will be cancelled and he will not be allowed back in the U.S. Also be aware that the AOS process requires him to be in the U.S. at least for biometrics appointment, medical appointment and for the USCIS interview.

3) When AOS is complete, he will become a legal permanent resident (LPR or Green Card). LPRs have to maintain residence in the U.S. but he can leave temporarily for up to one year. He can leave temporarily for up to two years if he applies for a re-entry permit. You use I-131 to apply for a reentry permit after the Green Card is approved.

The answer is yes, he should be able to adjust status and then go back for a year, however, the timing might be an issue if he plans to finish his degree by April 2013. He cannot leave the U.S. at all at least until he has advance parole, and may have to come back to complete some of the steps for AOS. Once he has a green card, however, he can be out of the U.S. for up to a year or two years with a re-entry permit.

The advice above is great. Probably the best way to do it because if you wait, he may age out of the K2 and then he would have to be petitioned by his mother as the adult, unmarried child of an LPR. this category has a wait of 3+ years. You cannot petition him yourself because there is no petitionable relationship between you and your stepson. Stepchildren can only be petitioned for if the qualifying marriage occurred prior to their 18th birthday.

You stepson should see if the credits will transfer to a US university if you don't want to interrupt the schooling. Otherwise, he takes a year off and finishes later. As an aside, as an LPR with a nursing degree he will be a hot commodity on the dating market in the PHL