reddy

In the past, i have read questions from folks ( I have posted too) asking if a child who is over 18 at the time of marriage can AOS.

My son came with me on a K2. He was 18 then. My fiance and I got married and applied for AOS including my son. my son is close to 21 now. 1 month short of 21. Yesterday his GC got approved at San Jose.

Take heart...all those who have kids over 18. it can be done!

This is a K4 problem, not a K2 problem. A K4 visa holder who was already 18 when the marriage took place, cannot adjust status based on the step-parent relationship. The K2 adjusts based on being the child of a K1 visa holder who is adjusting. They do so without an I-130. The K4 needs an approved I-130 to adjust but for the USC to get one approved for them, the step-parent relationship must be established before age 18.

Not that is not true. K2 had ambigous directive on the issue. K4 was always a clear Go. In fact, K4 are even protected under CSPA from age-out. All facts learnt the hard way.

Not sure I understand that last sentence but what I wrote was absolutely correct, just the same. K4 can be protected against age-out but cannot file AOS based on a step-parent relationship that was established after their 18th birthdate. They can obtain the visa but it expires, as does their I-94, the day before they turn 21 or two years from issue, whichever occurs first.

K2 does not adjust based on a step-parent relationship so I-130 requirements do not apply. (Because no I-130 is needed)

Her is the applicable information regarding filing an I-130 for a step-child. From the I-130 instructions.

8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.

Prior to March 2007 there used to a lot of confusion on this issue. the USCIS then issued this memo...

http://www.uscis.gov/files/pressrelease/K2...tatus031507.pdf

I don't know anybody who was confused about, once they asked and were informed. The memo is about K2 not needing a step-parent relationship to adjust status. K4, visa holders DO need a qualified step-parent relationship to adjust status and one cannot be established unless the marriage to their natural parent occurs before their 18th birthday.

If the whole discussion is about whether some K1/K2 filers and beneficiaries were confused about this, I'm simply not aware of the confusion. But, all anybody needed to do was ask here and they would have been set straight, or simply read the guides here.

When I started the process in 2006, I asked here and on other forums and even paid conculting fees to big name attorneys in New York and Los Angeles. i got many confused responses. One attorney even said the law does not have a provision for it. There was no section that proided for it. I am going to write back to him now to let him know.

There was a lady on this forum in fact whose child was denied AOS on this basis and she was litigating. Cant remember her name now.

In the past, i have read questions from folks ( I have posted too) asking if a child who is over 18 at the time of marriage can AOS.

My son came with me on a K2. He was 18 then. My fiance and I got married and applied for AOS including my son. my son is close to 21 now. 1 month short of 21. Yesterday his GC got approved at San Jose.

Take heart...all those who have kids over 18. it can be done!

This is a K4 problem, not a K2 problem. A K4 visa holder who was already 18 when the marriage took place, cannot adjust status based on the step-parent relationship. The K2 adjusts based on being the child of a K1 visa holder who is adjusting. They do so without an I-130. The K4 needs an approved I-130 to adjust but for the USC to get one approved for them, the step-parent relationship must be established before age 18.

Not that is not true. K2 had ambigous directive on the issue. K4 was always a clear Go. In fact, K4 are even protected under CSPA from age-out. All facts learnt the hard way.

Not sure I understand that last sentence but what I wrote was absolutely correct, just the same. K4 can be protected against age-out but cannot file AOS based on a step-parent relationship that was established after their 18th birthdate. They can obtain the visa but it expires, as does their I-94, the day before they turn 21 or two years from issue, whichever occurs first.

K2 does not adjust based on a step-parent relationship so I-130 requirements do not apply. (Because no I-130 is needed)

Her is the applicable information regarding filing an I-130 for a step-child. From the I-130 instructions.

8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.

Prior to March 2007 there used to a lot of confusion on this issue. the USCIS then issued this memo...

http://www.uscis.gov/files/pressrelease/K2...tatus031507.pdf

In the past, i have read questions from folks ( I have posted too) asking if a child who is over 18 at the time of marriage can AOS.

My son came with me on a K2. He was 18 then. My fiance and I got married and applied for AOS including my son. my son is close to 21 now. 1 month short of 21. Yesterday his GC got approved at San Jose.

Take heart...all those who have kids over 18. it can be done!

This is a K4 problem, not a K2 problem. A K4 visa holder who was already 18 when the marriage took place, cannot adjust status based on the step-parent relationship. The K2 adjusts based on being the child of a K1 visa holder who is adjusting. They do so without an I-130. The K4 needs an approved I-130 to adjust but for the USC to get one approved for them, the step-parent relationship must be established before age 18.

Not that is not true. K2 had ambigous directive on the issue. K4 was always a clear Go. In fact, K4 are even protected under CSPA from age-out. All facts learnt the hard way.

In the past, i have read questions from folks ( I have posted too) asking if a child who is over 18 at the time of marriage can AOS.

My son came with me on a K2. He was 18 then. My fiance and I got married and applied for AOS including my son. my son is close to 21 now. 1 month short of 21. Yesterday his GC got approved at San Jose.

Take heart...all those who have kids over 18. it can be done!

My Ki visa was issued on 12 Sept 2007 with expiry date of 10 March 2008.

My I-94 was stamped on Sept 16 2007 to dec 15 2007.

I got married on Oct 13th. I am working on my AOS forms etc. My attorney is dragging her feet.

Per the attorney, "as long as you marry within the timeframe on the visa, you are fine. The expiration date on the visa and the I-94 card does not dictate the time when your I-485 can be filed."

Is this true? ..or will I fall out of status?

I was doing some research on AOS for a K2 who is over 18 years old (my son is in the same situation) and came across this intra-office memo of the USCIS.

What do you think?

adjk2alien.pdf

I used to live in the US and had a SSN. I got a K1 and am now married. I want to change my name. I also want to apply for my AOS. Should I change name first and then apply for AOS or go ahead and apply with my maiden name which i used on the k1 forms?

I just landed in the US after an interview at the Chennai consulate. The new thing there is that they do not send a packet 3 and packet 4. They directly send packet 4. Also, they ask that the completed packet 4 documents be submitted to VFS ( Visa Facicliation Service - the embassy uses them as an approved contractor for all visa form processing) 10 - 15 days prior to the date of interview. VFS pre-checks all the documents and gives us a list of any missing documents in advance which is nice. If I can provide any other info to anyone interviewing in Chennai, send me an email. I am happy to help.

I am an Indian citizen living in the US for 6.5 yrs now. I am a widow. I have a son 19. I have a work-based greeen card in process.

I met a US citizen. We got engaged. He filed for a K1 visa. I could have just got married since I was already in the US but we wanted to get K2 and AOS my son before he aged out on my work-based petition. Now my interview date in Chennai India is 10th Sept.

My questions are:

1. If they ask me why I need K1/K2 what should I say?

2. Since I have lived in the US for 6.5 yrs but applying for K1 from Chennai, where should I get police certificates from. Before moving to US I lived in Bangalore for 14 years and in Chennai before that.

Thanks in advance for your responses.

I am an Indian citizen living in the US for 6.5 yrs now. I am a widow. I have a son 19. I have a work-based greeen card in process.

I met a US citizen. We got engaged. He filed for a K1 visa. I could have just got married since I was already in the US but we wanted to get K2 and AOS my son before he aged out on my work-based petition. Now my interview date in Chennai India is 10th Sept.

My questions are:

1. If they ask me why I need K1/K2 what should I say?

2. Since I have lived in the US for 6.5 yrs but applying for K1 from Chennai, where should I get police certificates from. Before moving to US I lived in Bangalore for 14 years and in Chennai before that.

Thanks in advance for your responses.

I received the NOA2 on June 18th. But the Chennai, India consulate keeps saying they have not received the case yet.

I tried calling NVC at 603 334-0700 but JUST CANT GET THROUGH.

Help!

How can see where my case is stuck?

Is there anyone out there who filed for AOS for fiance's child over 18 years old at the time of marriage and was successful?

Been over 60 days since my NOA1 and I was just wondering if any March filers are seeing some action...

touches, RFE's, approvals etc?

My NOA1 was March 22 2007. I received NOA2 from CSC on May 31, 2007. Yeaaaaaah!

It's good to CSC moving so fast!!

Been over 60 days since my NOA1 and I was just wondering if any March filers are seeing some action...

touches, RFE's, approvals etc?

My NOA1 was March 22 2007. I received NOA2 from CSC on June 2, 2007. Yeaaaaaah!

It's good to CSC moving so fast!!

Fingers crossed....hope it comes through by september. We want to get married then. Wish us luck!

Thank you! I breathe easier now!!

My son was born on March 29 1988. Does he age out on March 29 2008 or March 29 2009?

I am confused. Please help me...

- Thank you

Chandana

He has applied for a replacement certificate which is taking time to arrive..I am nervous because my son's 19th birthday is on March 29 2007 and every day counts.. Does anyone have any experience of either filing without the date and number of naturalization certificate or does anyone know of a quick way to get that information from USCIS?

Thank you!

Thank you....I got a reference to an attorney in NY from someone on this forum. He has two pckages - one for the K1/K2 alone and another for K1/K2 and AOS, EAD and Advance Parole. The first package is $1995, the second is $3095. Thinking.....

I could get married here and AOS but I have a son who is here on a h4 and cannot aos cos he is already over 18 yrs. Hence the K route... Thank you for the pointers though...

I am already in the US on a H1. Now I met and got engaged to a US citizen. Can he petition for a K1 for me?

I am the H1 fiance of a US citizen. I am in the US for the past 6 yrs. I have a son on a H4 who is 18.5 yrs old. I met my US citizen fiance on Jan 13 2006. If I get married here (which I can do) and adjust status, it leaves my son without a visa. So my fiance is applying for a K1 for me and a K2 for my son. When the Chennai consulate receives the papers, we plan to go to Chennai, get our K visas stamped and return to the US to get married. That way my son comes back with a K2 and can adjust status with me (hopefully he will not age-out! but that is a different discussion.

My question is...since the premise for a K1 visa is to bring someone in from outside the US, would I be denied that visa?

Thank you all for your suggestions and references.

Perhaps I used to word "consular" a little differently/ incorrectly. In most cases, the fiance is outside the US and the USC starts the process here. The fiance then gets the visa at the consulate in their home country.

I on the other hand have been in the US for 7 years now. I have a H1 visa and an employment based green card in process. However, I am going in for the K1/K2 because of my son. On the H1/H4 route with current processing times, he is most likely to get aged out even with CSPA provisions. Hence the K option. When I said "consular" I meant, not being able to convert from H to K here in the US, but actually going back home to the consulate there to get the K visa.

I googled attorneys for K1/K2 and found someone called Holmes and Lolly. Seemed very professional when we talked. Later I saw many postings on them being in some fiance rackets and that they are not thorough with their work... Any feedback anyone? Or can you recommend a good attorney you have used in California or elesewhere.

Have you thought of doing this yourself?

Just afraid of making a mistake. I am currently in the US on a H1 visa and my son on a H4 visa attending college. We plan to go for consular processing and return on a K1 and K2 visa. Any mistake I make would end up getting him stuck in India and out of college! Hence the caution. Thank you though...Money saved would have been good.

I googled attorneys for K1/K2 and found someone called Holmes and Lolly. Seemed very professional when we talked. Later I saw many postings on them being in some fiance rackets and that they are not thorough with their work... Any feedback anyone? Or can you recommend a good attorney you have used in California or elesewhere.