spmalone

I know this is off topic for this forum, but I am hoping to if people who have already gone through the earlier process of getting a green card. My K-2 daughter has been denied AOS. The reason give is she was 18 when I married her mother. We are fighting it in court but are getting very close to her 21st birthday. I need to find as many cases where a K-2 was 18 or older when their parents married and still got a green card. The local USCIS office is wrong! They are stuck on the use of the word minor child in regards to the AOS. They are trying to say that she is too old. I know that there are cases out there where the K 2 adjusted status even when their parents married after they were 18. We are now going to district court. My lawyer wants to show that the USCIS has allowed cases like ours to AOS. If we can show that they have then we can make our case that the local office has it wrong. My lawyer has an e-mail I would send to explain what is being asked. But in short my lawyer can not just go into court and say that USCIS has changed their ways. She needs to see the evidence so she can swear to it in court. No names or cases well be used. I will send anybody who can help her e-mail. If you could help please do. If you know of someone who can help please ask them for us.

Thank you

Shawn

My K-2 daughter has been denied. The reason give is she was 18 when I married her mother. We are fighting it in court but are getting very close to her 21st birthday. I need to find as many cases where a K-2 was 18 or older when their parents married and still got a green card. The local USCIS office is wrong! They are stuck on the use of the word minor child in regards to the AOS. They are trying to say that she is too old. I know that there are cases out there where the K 2 adjusted status even when their parents married after they were 18. We are now going to district court. My lawyer wants to show that the USCIS has allowed cases like ours to AOS. If we can show that they have then we can make our case that the local office has it wrong. My lawyer has an e-mail I would send to explain what is being asked. But in short my lawyer can not just go into court and say that USCIS has changed their ways. She needs to see the evidence so she can swear to it in court. No names or cases well be used. I will send anybody who can help her e-mail. If you could help please do. If you know of someone who can help please ask them for us.

Thank you

Shawn

I could use some help if you can. I am looking for cases where the K-2 was 18 or older when the K-1 married and the K-2 was able to AOS. My K-2 was denied because when I married her mother, the K-1, the K-2 was 18. Please if you know of people who are like my K-2 but got the AOS I really need to chat with them. My thanks to everybody who can help.

Shawn

Are you sure about this... you can get a K2 for the child as long as the child is unmarried and is under 21. You can also adjust that child as long as they are under 21 for sure..

From the USCIS website.. http://uscis.gov/graphics/howdoi/fiance.htm

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

Yes, it is very strange to us. We have been to court and the Judge did try to get the ICE lawyer to move off his position. The ICE lawyer would have expect the local INS office is stuck on the word minor. The law defines the "child" but not "minor child" . It does use the word child and minor child as if they are the same. Yes, this does seem simple to us. So, if we can prove that USCIS gives out AOS's even when the parents marry after the child turns 18 our case becomes very easy since they have to apply the law the same even if you are in a different district. The issue at hand is my K-2 is getting very close to being 21, so time is not in our favore.

Thank You

Shawn

I could use some help if you can. I am looking for cases where the K-2 was 18 or older when the K-1 married and the K-2 was able to AOS. My K-2 was denied because when I married her mother, the K-1, the K-2 was 18. Please if you know of people who are like my K-2 but got the AOS I really need to chat with them. My thanks to everybody who can help.

Shawn

Are you sure about this... you can get a K2 for the child as long as the child is unmarried and is under 21. You can also adjust that child as long as they are under 21 for sure..

From the USCIS website.. http://uscis.gov/graphics/howdoi/fiance.htm

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

Yes, it is very strange to us. We have been to court and the Judge did try to get the ICE lawyer to move off his position. The ICE lawyer would have expect the local INS office is stuck on the word minor. The law defines the "child" but not "minor child" . It does use the word child and minor child as if they are the same. Yes, this does seem simple to us. So, if we can prove that USCIS gives out AOS's even when the parents marry after the child turns 18 our case becomes very easy since they have to apply the law the same even if you are in a different district. The issue at hand is my K-2 is getting very close to being 21, so time is not in our favore.

Thank You

Shawn

Just as an added note, the Jugde said it was refreshing to have a case in which nothing had been done wrong by the person seeking AOS. He than looked at my K 2 and made it clear that she had done nothing whatsoever wrong.

Shawn

Sounds like the immigration judge is on your side... and they're the one who makes the decision. What does your lawyer say about this... Maybe you should show them this and tell them to read their own damn website...

If the judge said give her the green card the local INS would appeal. The appeal process is to long and she would age out. We are now in the process of taking the case to district court. At district court I can appeal but the INS can not.

I could use some help if you can. I am looking for cases where the K-2 was 18 or older when the K-1 married and the K-2 was able to AOS. My K-2 was denied because when I married her mother, the K-1, the K-2 was 18. Please if you know of people who are like my K-2 but got the AOS I really need to chat with them. My thanks to everybody who can help.

Shawn

Are you sure about this... you can get a K2 for the child as long as the child is unmarried and is under 21. You can also adjust that child as long as they are under 21 for sure..

From the USCIS website.. http://uscis.gov/graphics/howdoi/fiance.htm

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

Yes, it is very strange to us. We have been to court and the Judge did try to get the ICE lawyer to move off his position. The ICE lawyer would have expect the local INS office is stuck on the word minor. The law defines the "child" but not "minor child" . It does use the word child and minor child as if they are the same. Yes, this does seem simple to us. So, if we can prove that USCIS gives out AOS's even when the parents marry after the child turns 18 our case becomes very easy since they have to apply the law the same even if you are in a different district. The issue at hand is my K-2 is getting very close to being 21, so time is not in our favore.

Thank You

Shawn

I could use some help if you can. I am looking for cases where the K-2 was 18 or older when the K-1 married and the K-2 was able to AOS. My K-2 was denied because when I married her mother, the K-1, the K-2 was 18. Please if you know of people who are like my K-2 but got the AOS I really need to chat with them. My thanks to everybody who can help.

Shawn

Are you sure about this... you can get a K2 for the child as long as the child is unmarried and is under 21. You can also adjust that child as long as they are under 21 for sure..

From the USCIS website.. http://uscis.gov/graphics/howdoi/fiance.htm

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

Yes, it is very strange to us. We have been to court and the Judge did try to get the ICE lawyer to move off his position. The ICE lawyer would have expect the local INS office is stuck on the word minor. The law defines the "child" but not "minor child" . It does use the word child and minor child as if they are the same. Yes, this does seem simple to us. So, if we can prove that USCIS gives out AOS's even when the parents marry after the child turns 18 our case becomes very easy since they have to apply the law the same even if you are in a different district. The issue at hand is my K-2 is getting very close to being 21, so time is not in our favore.

Thank You

Shawn

Just as an added note, the Jugde said it was refreshing to have a case in which nothing had been done wrong by the person seeking AOS. He than looked at my K 2 and made it clear that she had done nothing whatsoever wrong.

Shawn

I could use some help if you can. I am looking for cases where the K-2 was 18 or older when the K-1 married and the K-2 was able to AOS. My K-2 was denied because when I married her mother, the K-1, the K-2 was 18. Please if you know of people who are like my K-2 but got the AOS I really need to chat with them. My thanks to everybody who can help.

Shawn

I was wondering if there has been problems with K-2's getting their green card when the parents married after the K2 turned 18. In the adjustment laws the word "minor child" is used but is not defined. My K-2 has been denied because I married her mother when the K2 was 18. My K-2 is getting very close to 21 now. The worry is that she could age out before the mess is cleared up. I would love to here about cases where the k2 was 18 or older when the parents got married and got their green card. The more recent the better. The lawyers are working the issue and I have hope that things well still workout. However, it may help to know that most of the nation is allowing for K2's to adjust if their parents married after turning 18. I have received some very good information which all points to that the word means under 21, but as yet have not been able to get the green card. Thank you for your information