K2 is aging out with in two months, Medical result needs sputum test

[soinlovewithyou 1]

My k2 will turn 21 this coming december 25, she had her medical today at St. lukes and she need to undergo sputum test, I'm verry worried right now because she will turn 21 on December 25 and will age out, what shall I do? please I need your answers...

[Hank_ 9,174]

This is all I found on the K2 aging out.

Can family members of the Filipino fiancé(e) be included in the petition?

Only the unmarried, minor children (below 21 years old) of the Filipino fiancé(e) can be included in the K-1 petition. They are eligible to apply for a K-2 visa. If they are unable to depart with their Filipino parent, children who are named in the petition have one year (from the time the K-1 visa is issued) to be issued K-2 visas. They must apply for visas in a timely manner to allow visa issuance within the required time. Otherwise, the children will no longer be able to derive any immigration benefit from their parent’s K-1 visa and new immigrant visa petitions need to be filed on their behalf.

[Greenbaum 12,259]

I'm doing a K2 on a 20 yo who turns 21 in July of next year and I had that same concern. ln reading and talking to "experts" they tell me that a K2 has to be in the USA before they turn 21. If your K2 passes the TB test within a few days then you have no worries. But if she is held back to complete a medication program, then your dead in the water. Even if the K1 visa is issued for the Mom, the K2 is not eligible till she passes her St. Luke's physical so under what Hank said she would not qualify. She would be considered aged out. Then you will have to put her in the line for another visa and waiting time for that is 10 years and she has to be single. Sorry to give you the bad news. Just pray that she passes and you get your visa and she is in the USA before Christmas and you will be fine. Good luck.

[Darnell 8,478]

well, there's test, and then there's treatment.

you gots any medical records, prior, on the kid, about TB diagnosis and/or treatment, or no ?

[apple21 953]

CSPA will come into play to determine if the K2 is still eligible for a visa on the date of the interview.

[soinlovewithyou 1]

Thank you guys for your response at Darnell, she has no TB history, I'm praying a lot it will turn negative so for us to have time for her to come here....

[sunandmoon 450]

CSPA will come into play to determine if the K2 is still eligible for a visa on the date of the interview.

I believe CSPA will only apply to a K-2 if they enter the USA before turning 21. if so, their age would be frozen on their admission date and should be able to AOS.

[Hank_ 9,174]

Yup CSPA does not apply to non-immigrant visas, which the K 1/2 is.

http://www.uscis.gov/USCIS/Outreach/Upcoming%20National%20Engagements/National%20Engagement%20Pages/2011%20Events/July%202011/CSPA_TeleconferencePPT.pdf