K2 AOS

[Etherial 277]

Asking for a friend regarding their K2.

 

K1 entered the US on October 2022 

K2 got their K2 visa within 1 year of the K1 issuance but entered 13 months after the K1 admission.

K1 did AOS and was approved

K2 did AOS later and was denied based on fact the he entered more than 12 months than the K1's entry.

 

Anyone knows how they must proceed? 

[Boiler 47,712]

File I 130 and I 485? Well my first thought.

 

How old is the child

[Etherial 277]

3 minutes ago, Boiler said:

File I 130 and I 485? Well my first thought.

 

How old is the child

12 years old.

 

I am wondering if the basis of the denial is even standing... I mean if the child has one year deadline and cannot do AOS adter that, how was he even admitted as a K2 when he entered at 13 months?

I mean its impossible for the child to go back alone and file for a family based visa, so I am wondering what is the best course of action here?

Maybe i130 and i485 is the answer....

 

Waiting to see other replies as well

[TBoneTX 47,692]

Thread is moved from the K-1 Process forum to the "AOS from K Visas" main forum -- topic involves that phase.

[Scott-Ilyn 90]

I'm not sure if this helps, but I will share my experience.  My step-children from the Philippines entered the US over a year after their mother's admission.  However, the US Embassy allowed / advertised the extension due to COVID being a factor.  We filed for AOS, EAD, and AP.  They received their green cards with no issue.