K-2 AOS before entering US

[noncompute 9]

Wife entered on K-1. We married. Filing for AOS with her now. Her son has a K-2 and is currently in his home country (planning to come within a few months). Can I apply for AOS for him before he even enters?

[apple21 953]

No.

[aaron2020 11,651]

No.

He needs an I-94 (given upon entering the US) and to be in the US to apply to adjust his status.

No one can apply for AOS while outside the US.

[KayDeeCee 4,893]

Adjustment of status is done within the US He must be present in the US to file for AOS.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[noncompute 9]

Is there a way to apply for an extension of the K-2? Was issued in September and expires in February. Need about 3 months added to that.

[KayDeeCee 4,893]

You could have listed him as a follow-to-join and he would have had up to a year to get his K-2 visa to join his mother. As it is now? I am not sure. You would have to contact the consulate directly to ask about your specific situation.

[c12h22oh 11]

The answer is..............................NO ............. do not push .... (The human brain produce a lot of imagination)

[Pitaya 2,577]

You could have listed him as a follow-to-join and he would have had up to a year to get his K-2 visa to join his mother. As it is now? I am not sure. You would have to contact the consulate directly to ask about your specific situation.

Agree!

[noncompute 9]

No. I filed as follow-to-join and made sure this was done correctly. The K-1 interview was in September 2013, I asked to have him follow-to-join in July 2014. The visa that arrived from the embassy was dated for expiration in February 2014.

So, perhaps you have to be very explicit and get verbal confirmation from the officer at the embassy to make sure it is done correctly. Otherwise the visa will come in the mail and you don't have any other choice but to do another lengthy and costly process.