Applying AOS (just k2 visa)

[Christalyn Gregor 0]

Hello everyone! Me and my mom went here to USA at the same time and she's on k1 visa. And I'm on the k2. I'm 21 years old now and don't live with them anymore and I'm married now. We're supposed to apply for AOS before July 4th. But my stepdad said that I should file it myself. Unfortunately, my stepdad doesn't like my husband. How do i file it myself? And what do I need? Thank you!

[Dashinka 23,161]

1 hour ago, Christalyn Gregor said:

Hello everyone! Me and my mom went here to USA at the same time and she's on k1 visa. And I'm on the k2. I'm 21 years old now and don't live with them anymore and I'm married now. We're supposed to apply for AOS before July 4th. But my stepdad said that I should file it myself. Unfortunately, my stepdad doesn't like my husband. How do i file it myself? And what do I need? Thank you!

I may be wrong, but I am not sure you can AOS on based on your marriage since you came here on a K2 visa.  I am curious, when did you enter the US (what age)?  

 

Older K-2 Visa adjustees

  Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. 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 citizen 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. 

This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out.

 

https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/

Edited June 9, 2019 by Bill & Katya

[Christalyn Gregor 0]

Just now, Bill & Katya said:

I may be wrong, but I am not sure you can AOS on based on your marriage since you came here on a K2 visa.  I am curious, when did you enter the US (what age)?  

I came here with my mom as a k2 visa. And my mom is the k1. My stepdad won't sign if I'm gonna be with it. I meant, it's the remove condition. Not AOS. Sorry about the confusion

[Dashinka 23,161]

1 minute ago, Christalyn Gregor said:

I came here with my mom as a k2 visa. And my mom is the k1. My stepdad won't sign if I'm gonna be with it. I meant, it's the remove condition. Not AOS. Sorry about the confusion

The big problem is that now you are over 21 per your original post.  I am not even sure if you can AOS now through your stepfather.

 

More information.

 

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

[Dashinka 23,161]

Even more information.  Since you “aged out” when you turned 21, I think the only option may be to have your husband file for a spousal visa, but I am not sure if that can be done inside the US.  I generally do not recommend getting a lawyer unless it is absolutely necessary, but in this case, it seems absolutely necessary.

 

 

http://integrity-legal.com/legal-blog/us-visa-immigration/adjustment-of-status-aging-out-at-21-years-old-on-a-k2-visa/

[Just Paul 4,591]

Probably attorney territory burt I would think she should be able to file spousal package with the whole AOS package stateside since she entered with inspection and is married to a USC.  The time since her 21st birthday would be forgiven.  

 

Two things that are weird to me is OP just got here and the petitioner wouldn't adjust the K2.  Guess mom hasn't yet either?  And that the OP got married so fast.

 

 

 

Edited June 9, 2019 by Paul & Mary

[Dashinka 23,161]

2 minutes ago, Paul & Mary said:

Probably attorney territory burt I would think she should be able to file spousal package with the whole AOS package stateside since she entered with inspection and is married to a USC the time since her 21st birthday would be forgiven.  

 

Two thing that are weird to me is OP just got here and the petitioner wouldn't adjust the K2.  Guess mom is yet either?  And that the OP got married so fast.

 

 

 

That is really the issue.  Based on what I found, the OP would have had to have her AOS approved before turning 21 on a K2 assuming they were over 18 when the K1 mother married the USC.  As to adjusting under the OP’s husband, I am not sure that’s possible inside the US.  Definitely lawyer territory.

 

Children in the United States of America on a K2 visa who fail to adjust their status before the age of 21 “age out,” and must leave the country, apply for a new visa, and then return to the USA on an Immigrant visa. Unfortunately, this system can result in a delay of months or years for the would-be K2 visa beneficiary as Immigrant visa applications for the 21 year old step children of US Citizens can take as long as 3-5 years to be adjudicated. At the time of this writing, the case known as In Re Qiyu Zhang is pending in the US court system and could change this rule.

 

http://integrity-legal.com/legal-blog/us-visa-immigration/adjustment-of-status-aging-out-at-21-years-old-on-a-k2-visa/

[Ryan H 3,790]

**Moved from Adjustment of Status from K Visas forum to Removing Conditions on Residency Discussion; OP is actually inquiring about that process.**

 

46 minutes ago, Christalyn Gregor said:

I meant, it's the remove condition. Not AOS. Sorry about the confusion

 

[Dashinka 23,161]

4 minutes ago, Ryan H said:

**Moved from Adjustment of Status from K Visas forum to Removing Conditions on Residency Discussion; OP is actually inquiring about that process.**

 

 

Thanks, didn’t catch that.

 

To the OP, I believe you can ROC on your own now since you are over 21.

[Dashinka 23,161]

54 minutes ago, Christalyn Gregor said:

I came here with my mom as a k2 visa. And my mom is the k1. My stepdad won't sign if I'm gonna be with it. I meant, it's the remove condition. Not AOS. Sorry about the confusion

Apologies as to staying on the AOS topic even after clarification.  Here is a relevant thread that may be helpful.

 

Good Luck!

 

 

[Christalyn Gregor 0]

We have our 2 years green card and will expire sometime on October this year. We're trying to figure out if I can file the remove of condition myself 

[Just Paul 4,591]

1 hour ago, Christalyn Gregor said:

We have our 2 years green card and will expire sometime on October this year. We're trying to figure out if I can file the remove of condition myself 

Yes for ROC you do not need anything from the original petitioner.  File 90 days before it expires and you should be good.    

 

You should also file an AR-11 address change notification.

[Christalyn Gregor 0]

16 minutes ago, Paul & Mary said:

Yes for ROC you do not need anything from the original petitioner.  File 90 days before it expires and you should be good.    

 

You should also file an AR-11 address change notification.

Awesome! Thank you so much!!!!

 

[Ksenia_O 695]

18 hours ago, Bill & Katya said:

I may be wrong, but I am not sure you can AOS on based on your marriage since you came here on a K2 visa.  I am curious, when did you enter the US (what age)?  

 

Older K-2 Visa adjustees

  Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. 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 citizen 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. 

This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out.

 

https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/

This is old - K-2s don't need anymore to be under the age 21 to get their AOS approved.

Even if a K-2 turns 21 the next day after arrival, a K-2 can do AOS - his/her age gets "frozen" at the moment of admission in the US.

 

This based on the BIA's 2011 decision, which you can read at http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf.

 

 

OP, I'm not sure about your ROC though.

 

My son was 22 years old by the time of our ROC. We weren't positive if he should've filed his own I-751 (due to his age) OR he could've still been included in my Petition.

 

We talked to an immigration lawyer, as well as to  USCIS IO  before I-751 submission.

 

BOTH, the lawyer and IO told us the same thing: If my son acquired his conditional resident status on the same day as I did or within 90 days thereafter AND he was  still unmarried when he got his conditional green card, then he had to be included in my I-751. Regardless of his age.

 

The conditions were met, so we filed one Petition, including him in Part.5 , and got our 10 years green cards last year. At the same day.

 

Not sure when you got married, but it definitely does matter when it's time for a K-2 to file ROC. Not your age, but your marital status.

 

I'd agree with Paul & Mary  - it's an attorney area. So, hope you will find a good one.

 

Good luck!!!

 

 

 

Edited June 10, 2019 by Ksenia_O