Worried fiance

[CharlieNWeng 1]

Hello fellow VJ's. My fiancé is worried about when we applied for our K-1 V, her youngest son is under 21 years old. But by the time of their interview he will have turned 21. I think we will be OK because he was under the age limit when we started the process. So he should be able to accompany her when she comes. She thinks not, & he wont be able to get a green card when he comes to the US. Any one else have any issues with this? Any help would be great thanks. Also is the new interview fee now is $350.00 at Manila embay?

[pazram 1]

my fiance daughter is only 7 years old but when they gave the case number she is included in the same case and when i call to the embassy they mention her name... i think it will be ok. as soon he appear in the appointment letter he has to go.

[zhaybruno 0]

visa fee is $240 = 10800 peso

[Removed030114 48]

Hello fellow VJ's. My fiancé is worried about when we applied for our K-1 V, her youngest son is under 21 years old. But by the time of their interview he will have turned 21. I think we will be OK because he was under the age limit when we started the process. So he should be able to accompany her when she comes. She thinks not, & he wont be able to get a green card when he comes to the US. Any one else have any issues with this? Any help would be great thanks. Also is the new interview fee now is $350.00 at Manila embay?

The application date has no bearing on approval of the son. The son MUST enter the US before his 21st birthday. If he does not or is unable to enter before his 21st birthday, then he will be excluded from K2. So, it's contingent upon whether your interview date will provide you enough time to make that happen. As long as he enters before his 21st birthday, then you will be able to include him for AOS and green card.

[Hank_ 9,174]

Hello fellow VJ's. My fiancé is worried about when we applied for our K-1 V, her youngest son is under 21 years old. But by the time of their interview he will have turned 21. I think we will be OK because he was under the age limit when we started the process. So he should be able to accompany her when she comes. She thinks not, & he wont be able to get a green card when he comes to the US. Any one else have any issues with this? Any help would be great thanks. Also is the new interview fee now is $350.00 at Manila embay?

K-1 visa fee is $240 payable in pesos.

As stated already her son has to under the age of 21

"Children (unmarried and below 21 years of age) of a K-1 applicant may derive immigration benefits from the same I-129F petition and are issued “K-2” visas. Children identified in the approved I-129F petition are called “derivatives”. Derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K-2 visas within one year from the date the K-1 visa was issued to the principal applicant parent. Derivatives who are following-to-join the principal applicant parent must apply for their K-2 visas in a timely manner to allow visa issuance within the required period."

[Darnell 8,478]

Hello fellow VJ's. My fiancé is worried about when we applied for our K-1 V, her youngest son is under 21 years old. But by the time of their interview he will have turned 21. I think we will be OK because he was under the age limit when we started the process. So he should be able to accompany her when she comes. She thinks not, & he wont be able to get a green card when he comes to the US. Any one else have any issues with this? Any help would be great thanks. Also is the new interview fee now is $350.00 at Manila embay?

She is right !

The son will age-out prior to the interview.

You could ask for an expedite with the IV Unit nowish, citing age-out issue of a K-2, and most likely they will rush it through (as they do that all the time for K-2 age-outs)

[Removed030114 48]

Hello fellow VJ's. My fiancé is worried about when we applied for our K-1 V, her youngest son is under 21 years old. But by the time of their interview he will have turned 21. I think we will be OK because he was under the age limit when we started the process. So he should be able to accompany her when she comes. She thinks not, & he wont be able to get a green card when he comes to the US. Any one else have any issues with this? Any help would be great thanks. Also is the new interview fee now is $350.00 at Manila embay?

You didn't mention the date of your future stepson's birthday, but if he certainly will turn 21 before the interview then I'm sorry to tell you that he will be unable to enter the US on a K2 visa. The law is very firm on this account. If you call them, they may allow you to get an interview date that precedes his birthday. The law for K2 age-outs was recently changed as there were several that entered the US before turning 21, but then had a birthday before the family was able to adjust status (AOS).

BIA Addresses K-2 Age Out Eligibility for Adjustment of Status: K-2s Don't Age Out

A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii) of the INA is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa. Matter of Le, 25 I&N Dec. 541 (BIA 2011)

The Board’s long-awaited ruling favorably resolves the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The Board concluded that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.

[Darnell 8,478]

adminission is one thing.

visa interview is another.

child is age-ing out prior to interview.

how to nail the date? get prior interview.

how to get prior interview? ask for an expedite, citing K-2 age out issue. It'll get granted. Monday passed already at Manila IV - what the OP do for the request, already already?

Tick Tock Tick Tock, and Tempus Fugit, alas.

[CharlieNWeng 1]

A BIG THANK YOU!! To all who replied. We requested an expedited interview do to her son going to age out on the 13th. They take their medical tomorrow at St. Luke's, & have their interview at the embassy on the 11th. YYYIIIPPIIIEEE!!!!!... MARAMING MARAMING SALAMAT DIYOS NA. Tyo another step closer. I hope & pray all goes well with every one here as well with your journey.

[CharlieNWeng 1]

A BIG THANK YOU, to all who replied. We requested an expedited interview do to her son going to age out on Feb. 13th. They will do their medicals tomorrow at St. Luke's, & have interviews at the embassy on the 11th. Maraming maraming salamat Diyos!!! We are another step closer. I hope & pray it goes well for all of you on your journey too. Good luck to all. YYYIIIPPPIIEE!!!!!!..

[Removed030114 48]

A BIG THANK YOU, to all who replied. We requested an expedited interview do to her son going to age out on Feb. 13th. They will do their medicals tomorrow at St. Luke's, & have interviews at the embassy on the 11th. Maraming maraming salamat Diyos!!! We are another step closer. I hope & pray it goes well for all of you on your journey too. Good luck to all. YYYIIIPPPIIEE!!!!!!..

So, his 21st birthday is on February 13th and the interview is February 11? It doesn't seem that will be enough time to get the visa in his passport, get on the plane and set foot on US soil. Remember, it doesn't matter if the interview happens before his birthday, what matters is that he absolutely must enter the US before his birthday.

[Gwapo1ako 14]

So, his 21st birthday is on February 13th and the interview is February 11? It doesn't seem that will be enough time to get the visa in his passport, get on the plane and set foot on US soil. Remember, it doesn't matter if the interview happens before his birthday, what matters is that he absolutely must enter the US before his birthday.

wow... that is a very rough timeline to try and make it by