K2 AOS Aging Out

[cdctke 0]

HI All,

I am reading a document called "The K-2 Visa Adjustment of Status (AOS) Application Process.

There is a section called Older K-2 Visa Adjustments and a line that says: The Child Status Protection Act protects them from "aging out" as long as their AOS petition is accepted by USCIS before their 21st birthday. However, the CSPA only applies to K2's if the K1 marries the US citizent petitioner before the K2 turns 18. If the marriage occurs after the K2 is 18 then their AOS must be approved before the K2 turns 21.

My scenario:

- My wife came over on a K1

- We married within the 90 days

- her two boys came over in September, within the time allowed (within a year)

- One of her boys turned 21 on 12/8

- We have not filed the AOS yet, but are in the process

My understanding was that as long as he came over before he turned 21, we were OK. His Visa states it expires on 1/22/2017. Did we mess up? Is he no longer eligible for applying for the AOS?

Thanks for your help,

Charlie

[Catuela 16]

Yes he aged out. His petition wasn't filed before his 21 bday...and you didn't marry her before his 18th bday.

Edited December 11, 2016 by Catuela

[Ontarkie 13,917]

He has not aged out for AOS. He needed to enter on the K1 before he turned 21.

AOS did not need to be filed or done before 21.

You can search on here there are many threads talking about this.

Edited December 11, 2016 by Ontarkie

[aaron2020 11,651]

This has been litigated. As long as the K-2 entered the US before his 21st birthday, he can adjust even if he turned 21 before filing for AOS.

Yes he aged out. His petition wasn't filed before his 21 bday...and you didn't marry her before his 18th bday.

Completely wrong.

[cdctke 0]

OK. Now I know it wasn't just me - that this can be very confusing. Thanks everyone for the feedback. We will file his AOS now and keep our fingers crossed. You guys are amazing - you all respond so quickly. Thanks.

[aaron2020 11,651]

http://www.nolo.com/legal-encyclopedia/timing-issues-when-k-2-child-fiance-visa-holder-will-turn-21-before-adjusting-status.html

If you are a K-2 visa holder thinking about adjusting your status with your K-1 parent in the U.S., you may have heard or read that your eligibility for the green card will end once you turn 21 years old. However, you may not be sure whether this means that you need to apply for adjustment of status before you turn 21, or, instead, that you may apply for adjustment after turning 21 if you entered the U.S. before turning 21 – or if you obtained your K-2 visa before turning 21.

[Hypnos 6,576]

Matter of Le settled this.

A K-2 remains eligible to file for AoS even after turning 21 provided that they initially entered the US before they turned 21.

[EM_Vandaveer 2,369]

And VJ Guide should be fixed on this. Yes, I already started a thread on this in "Site Discussion". A long time ago...

[Catuela 16]

OK. Now I know it wasn't just me - that this can be very confusing. Thanks everyone for the feedback. We will file his AOS now and keep our fingers crossed. You guys are amazing - you all respond so quickly. Thanks.

Sorry read threads on here that said yes... excuse me