k1 k2 roc divorce aging out

[Wuleii 1]

Hi,

 

I was wondering if roc for a k2 is possible if a divorce takes places before roc and then the k1 files for i751 roc with the k2 included but the k2 is above 21 is that an issue?

 

Kind regards

[C-ma'am 684]

**Post moved from K1 to Effects of Major Family Changes on Immigration benefits, where similar posts are discussed

[fip & jim 452]

Was the K1 married before the K2 was 18 years old?

[Wuleii 1]

8 minutes ago, fip & jim said:

Was the K1 married before the K2 was 18 years old?

 

No the marriage too place after 18 years old but before 21 years old.

[fip & jim 452]

The Impact of Changes in Family Status on the Alien's Immigration Process such 
as Divorce From, Death of, Or Abuse by a USC Or LPR Spouse 

Part D ~ Prior to Removing Conditions on Permanent Residency 

Q: Do I include my child on the I-751 or waiver?
A: It depends. If the child obtained permanent resident status based on the alien parent's marriage to a United States citizen and the marriage occurred less than two years before admission or adjustment to permanent residence, the child will also be a conditional resident. If the alien child acquired status at the same time or within 90 days of the alien parent, they can be included on the alien parent's I-751 petition or waiver. Children that entered the U.S. or adjusted status more than 90 days after the conditional resident parent must file a separate form I-751. The alien's children can be included on their parent's I-751 petition if they immigrated at the same time or within 90 days of their alien parent. They are considered to have acquired CR status on the same date as their parent. They can be included in their parent's I-751 petition even if they have turned 21 and no longer fit the definition of "child" under the INA. 

https://www.visajourney.com/content/family-status-immigration-d/

[Wuleii 1]

Any more advice?

[fip & jim 452]

4 minutes ago, Wuleii said:

Any more advice?

What other advice do you want? There's the answer:

The alien's children can be included on their parent's I-751 petition if they immigrated at the same time or within 90 days of their alien parent. They are considered to have acquired CR status on the same date as their parent. They can be included in their parent's I-751 petition even if they have turned 21 and no longer fit the definition of "child" under the INA. 

 

[Wuleii 1]

8 minutes ago, fip & jim said:

What other advice do you want? There's the answer:

The alien's children can be included on their parent's I-751 petition if they immigrated at the same time or within 90 days of their alien parent. They are considered to have acquired CR status on the same date as their parent. They can be included in their parent's I-751 petition even if they have turned 21 and no longer fit the definition of "child" under the INA. 

 

 

So a divorce would not matter? A child can be included on the parent's i751 petition even with a divorce waiver? Thanks!

[fip & jim 452]

2 minutes ago, Wuleii said:

 

So a divorce would not matter? A child can be included on the parent's i751 petition even with a divorce waiver? Thanks!

The child can be included. The K2 status is still dependent on the K1 status. If denied, the K2 will be subject to removal proceedings. 

[jack1564 2]

On 3/17/2019 at 10:35 AM, fip & jim said:

The child can be included. The K2 status is still dependent on the K1 status. If denied, the K2 will be subject to removal proceedings. 

So if the K1 ROC has been removed but the K2 are not due to them entering the country later, Does that still applies ?