Help! K1 and k2

[janet&adonis 57]

A friend filed a k1 for her fiance and k2 for his 4 children . At the time of filing the k1 the kids were under 21. However since she filed two of the kids turned 21. Do you know if the kids still qualify for a k2? Will they still be eligable?

If not what does she have to do?

[Pitaya 2,577]

(easily accessible at the top of the forum page. In particular, the section on "How Do I Bring My Child, Son or Daughter to Live in the United States?':

http://www.visajourney.com/content/child

Good luck to your friend on their immigration journey.

[janet&adonis 57]

Ok i read this, but are the kids still eligable since she filed prior to them turning 21

[Hypnos 6,576]

No, they lose eligibiliy to receive K-2s as soon as they turn 21. CSPA will not help them, either.

Once the K-1 alien has been issued their green card they can then petition their children under the F2B family preference; assuming they aren't from the Philippines or Mexico then this would be an approximate seven year wait. They would also have to remain unmarried during those seven years.

Edited November 24, 2013 by Hypnos

[janet&adonis 57]

No, they lose eligibiliy to receive K-2s as soon as they turn 21. CSPA will not help them, either.

Once the K-1 alien has been issued their green card they can then petition their children under the F2B family preference; assuming they aren't from the Philippines or Mexico then this would be an approximate seven year wait. They would also have to remain unmarried during those seven years.

So the kids are ineligable even if the k2 was already filed before they turn 21?

[Hypnos 6,576]

Correct.

A K-2 must be under 21 on both the day they are issued the visa and the day they enter the US; those children are neither of those things.