Jump to content
Sign in to follow this  
cdctke

K2 AOS Aging Out

9 posts in this topic

Recommended Posts

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

Share this post


Link to post
Share on other sites

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 by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.


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

Share this post


Link to post
Share on other sites

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


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×