I want to start the K1 and K2 but have serious questions

[Piscescarmen 1]

Hi

I am very worried now. My fiance , an american citizen and I want to start the K1 and K2 visas. But my son is going to be on may 19 years old.

I have been told by a lawyer ,as long as he enters the USA with the K2 visa before he turns 21 there wont be any problem to get the temporary green card.

BUT I know we will have to file for the permanent green card before the 2 years of getting the first temporary one. So, in 2 years he will be already 21 or 22.

And I dont want him having to leave the country as he has autism.

Do you know if he has to be younger than 21 to be able to do the petition for the removal of conditions 2 years after we enter the USA?

Also , what can I do to have them process the first temporary green card at the same time for me and my son? (I dont know if its enough filing together)

I have asked different lawyers and they dont agree on their answers. Please I need help, THANK YOU VERY MUCH

Carmen

[Georgia16 2,858]

Once he enters with his mom and you are married you will file the AOS for both of them. That will give him (both of them) the 2 year GC. When the 2 year GC expires then you will file for ROC to get the 10 year GC. He will be fine with that since he at that time has the 2 year GC.

[Piscescarmen 1]

Thanks Georgia16. The one writing is the mom, I am peruvian and my 19 year old boy is peruvian too and is NOT  my fiances son, 

I read the Child Status Protection Act is valid only for relatives of the american citizen. So, thats my concern.

 

Is there a link you can send me please about this so I can show it to my lawyer ?

THANKS SO MUCH

Carmen

[Georgia16 2,858]

https://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

 

 

Your lawyer sounds pretty much a huge waste of money.

[Piscescarmen 1]

That sounds kind of true. Havent payed him yet so I might change my mind. lol

Thanks for the link. Sorry to bother you but I was asking for a link where it says my son can get the ROC even if he is 22years old or older.

Thanks so much for your patience and time. My son has autism and there is no way I will stay in the US without him.

Thanks again!!!

Carmen

[Georgia16 2,858]

Just now, Piscescarmen said:

That sounds kind of true. Havent payed him yet so I might change my mind. lol

Thanks for the link. Sorry to bother you but I was asking for a link where it says my son can get the ROC even if he is 22years old or older.

Thanks so much for your patience and time. My son has autism and there is no way I will stay in the US without him.

Thanks again!!!

Carmen

You can look around in that website as it's the officiel USCIS site. But he will have the 2 year GC so they won't deny him the 10 year GC based on age.

[Piscescarmen 1]

Sounds logical, thanks so much!!!!