K2 Visa - Need clarification on this situation

[RickJustice 2]

I was wondering if any of you have any knowledge of this situation...

My wife got her K1 visa issued Oct 31, 2014 under the Fiance visa application. So her child is eligible to follow until a year from that date, if the visa is issued prior to it using the k2 visa follow to join. Now, the embassy MNL number (Philippines) is still good to go and marked as "Ready" on the status for the child.

Now the situation is as follows: I am seeing some issues from the government websites, one being the visa application page for the Philippines...the issue being that my wife just got her AOS approved and got the conditional permanent resident status recently. I saw on the visa application page for the PI, a note saying:

If you meet any of the following conditions, do not schedule an immigrant visa interview appointment: "- FTJ cases (spouse or children) whose principal applicant adjusted status in the U.S."

So my question is: Since the MNL is still marked ready, and it is still under a year from when my wife got her k1 visa, can we use that to get the k2 visa, and just apply and schedule the interview? Or now that my wife had her adjustment status changed, that voids the k1 follow to join routine to get the k2 and now we will have to file an I-824 first, pay the fee, then apply for the k2 visa?

Just wondering because if we have to go the 824 route, then it'll be extra months again, and an extra $400+ fee, compared to just applying for the k2 now using the MNL on record.

Please advise if you have gone through a similar situation or know what to do for sure, I'd hate to pay the visa application fee right now and get it denied because they would say we would first need to file the I-824.

Thanks.

[KayDeeCee 4,902]

9 FAM 41.81 N12 CHILD OF ALIEN K-1 FIANCÉ(E)

(CT:VISA-1547; 09-27-2010)

USCIS and the Department have agreed that the child of a K-1 principal alien may

be accorded K-2 status if following to join the principal alien in the United States

even after the principal alien has married the U.S. citizen fiancé(e), and acquired

lawful permanent resident (LPR) status. However, the cutoff date for issuance of a

K-2 visa is one year from the date of the issuance of the K-1 visa to the principal

alien. After one year, and provided that the alien qualifies, the filing of an

immediate relative or second preference petition would be required.

[RickJustice 2]

Nice! Thank you very much for the clarification KayDeeCee!

[KayDeeCee 4,902]

You are welcome. Hope you can get the K-2 visa issued in time.