My Son will be turning 21 years old on January 25 2016.

[Mydy 80]

My fiancee filed for a petition for k1 visa and we have included my son's name in the form. Last Sept. 25, USCIS have approved the application and now we are waiting for the packet.

My questions:

1. My son will be turning 21 years old on January 25, 2016. Lets say I get approved for my K1 before the year ends, will my son still get the k2 visa so he could travel with me to Guam?

2. My fiancee said we will get married immediately so we can file for the change of status before my son turns 21, will there be any complications? Or will there be some kind of "age-freeze"?

I am still waiting for the packet and I am getting extremely worried because I really do want my son to go with me to Guam.

Thank you in advance.

[Mydy 80]

**additional note and question ?**

USCIS has forwarded the docs to NVC. I dont know how long does it take before I recieve the packet from the US embassy here in Manila. How long does it usually take for NVC to send the approved application to the US embassy?

[Cyberfx1024 7,980]

you do not need to wait on the embassy to receive the packet. You need to call the nvc and get your case number so then you can proceed with your visa interview and medical

Please go to the Philippines forum and look to see what you need to do.

Edited October 8, 2015 by cyberfx1024

[Mydy 80]

Thank you. I will check on it.

[JDWright 30]

He will get his K2, even if his birthday passes. Date of application was before his birthday. Anything else after he would be aged out and you'd need to look up the process for adult children.

[Hypnos 6,579]

Per Matter of Le your son needs to enter the US before his 21st birthday on his K-2. Provided that happens then he continues to be eligible to file for AoS as long as you marry within 90 days of PoE even if the marriage takes place after he turns 21.

[Tahoma 2,298]

To speed things up:

Call the NVC every day until they give you your MNL case number.

Once you have your MNL case number, pay the visa application fee and schedule an interview.

Then, complete your medical.

[KayDeeCee 4,902]

There is no aging out for AOS. If he gets the K-2 and enters the US with it before turning 21 and the K-1 parent married the I-129F petitioner within 90 days of entry, then he can file for AOS, even if his 21st birthday passes before filing.

There was a BIA ruling in 2011, Matter of Le > http://www.legalacti...n-6-23-2011.pdf

Edited October 8, 2015 by KayDeeCee