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Hey there VJ!

My mother's K1 interview in a few days, so you can all imagine the anxiety! However, a new concern has seemed to arise.. I'm her son, 20 years old and my birthday is on the 26th of November. I've read about the whole aging out situation and frankly it has gotten me a bit worried. If the interview goes well, we'll be in the U.S by the end of this month, with the AOS process to start in the beginning of August. I wanted to know if I'll fall victim to aging out?

I believe the AOS process takes about a year to finalize, so I'll have turned 21 by then. I've read the U.S. website concerning aging out and the child protection act but it doesn't seem as though I fall into the eligibility category. It says that my age will be locked as long as my parents are USC or permanent residents. My mother will also be in the AOS process with me, so she isn't a permanent resident and her fiancé is a USC but not my biological father.

Any advice for a concerned young soul? Thanks for your time!


K-1 Visa Timeline

Petition was sent to Texas Service Center --- 08/24/14

NOA1 received --- 09/10/14

Predicted arrival of NOA2 --- 04/14/15

NOA 2 received --- 06/02/15

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You must enter the US on your K-2 visa before your 21st birthday if you wish retain eligibility for a green card through your K-1 parent..

Per Matter of Le, it doesn't matter if you turn 21 after PoE even if you haven't yet filed for AoS.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii)
of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(K)(iii) (2006), 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.

http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii)

of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(K)(iii) (2006), 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.

http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf

What she said ^^ :thumbs:


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Haha, I love this website, you guys seriously rock! You've just saved me a future headache, I really appreciate it!


K-1 Visa Timeline

Petition was sent to Texas Service Center --- 08/24/14

NOA1 received --- 09/10/14

Predicted arrival of NOA2 --- 04/14/15

NOA 2 received --- 06/02/15

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