K-2 problem

[photo4ron 0]

I am going to give you alitle history first. My wife arrived in the U.S. on Nov. 7 2004 she came over on a K-1 visa. We got married on Dec. 28 2004 We had to wait alittle while to start the adjustment and work permit. In Feb. 2005 her then 20 year old daughter arrived on a K-2 visa. I can't remember exactly when but we filed the papers for status and work. About 3 months ago my step-daughter met an american guy on the internet that was local to us and started dating him. It was just about 1 month ago she got her work authorization card and has been working for 3 weeks. A week ago she was looking for a car, but has no drivers permit. She was going to borrow the money from her boyfriend to get the car. she had turned 21 years old back in Nov of 2005. she has not had her interview yet for her adjustment of status. She has also talked about moving into her boyfriends parents house where he lives. I don't approve of this but she is 21years old. I told her she can do what she wants but I advised her not to. She is starting to distance her self from us..... working all the time and spending her all of her free time with her boyfriend. she has spent the last 2 nights with him..... she says in a seperate bedroom. My wife and i are beside ourselfs. What Iam wanting to Know is how does this effect her status if she moves out before her status has been adjusted. please help we are worried sick..

[Anastasia 1]

The only thing that is gonna affect her status is the fact that she aged out. She turned 21 last year before her AOS interview. It has nothing to do with the fact that she moved out to live with her boyfriend. Most likely her AOS will be denied based on her age.

[Boiler 45,525]

That was my first thought as well.

Best bet would be for her to marry him.

So might be a blessing in disguise.

[Dan&Mitzi 0]

What the problem? Don't you like him?

Dan

[Anastasia 1]

That was my first thought as well.

Best bet would be for her to marry him.

So might be a blessing in disguise.

Yes, if they love each other and ready for such a big step in their lives then it would be the best thing for them to do and it will allow her to stay in the US, if she files for a new marriage based AOS.

[OutbckDeb 0]

I say since you got her here before she turned 21 shouldn't effect her status...but I will say this...YOU MUST NOTIFY INS of her move. This must be in 10 days!!!!

I understand your thoughts of moving in w/boyfriend. I wouldnt approve either...but you are right she is "of age" all you can do is tell her what you think such as you have. Now as far as her Immigration...tell her if she "doesnt listen" it is a slight chance she can be deported, use the scare taticts.

I would like to ask a few questions myself...I have a 19yr old step son, coming for a visit...expressed concerns of staying. IM not sure if I can do this...INS wont give me details how we can do this. Suggestions?

[Anastasia 1]

I say since you got her here before she turned 21 shouldn't effect her status...but I will say this...YOU MUST NOTIFY INS of her move. This must be in 10 days!!!!

I heard of quite a few people on these boards who had a problem with their K-2 kids adjusting status because they aged out before the interview for AOS happened. They were well in the age when their parents applied for them, but within a year or two or more waiting for adjustment they aged out, and were denied.

I don't know if uscis should be notified about this move, because officially she still lives in her parents house, right? I mean she goes to her bf for a few nights, but then she comes back.

[Boiler 45,525]

I say since you got her here before she turned 21 shouldn't effect her status...but I will say this...YOU MUST NOTIFY INS of her move. This must be in 10 days!!!!

I understand your thoughts of moving in w/boyfriend. I wouldnt approve either...but you are right she is "of age" all you can do is tell her what you think such as you have. Now as far as her Immigration...tell her if she "doesnt listen" it is a slight chance she can be deported, use the scare taticts.

I would like to ask a few questions myself...I have a 19yr old step son, coming for a visit...expressed concerns of staying. IM not sure if I can do this...INS wont give me details how we can do this. Suggestions?

1. He has to do nothing, she might, but not yet.

2. Unfortunately USCIS has a different view on ageing out.

3. Bringing your child to the US, all here:

http://www.uscis.gov/graphics/howdoi/child.htm

4. INS is no more.

5. From a practical point of view the risk of deportation may be small, lack of legal status may be a more practical and pressing issue.

[Yodrak 7]

OutbckDeb,

One suggestion - have a consultation with an immigration attorney who has had some experience with cases of adjustment from visitor status.

Yodrak

...

I would like to ask a few questions myself...I have a 19yr old step son, coming for a visit...expressed concerns of staying. IM not sure if I can do this...INS wont give me details how we can do this. Suggestions?

[Boiler 45,525]

OutbckDeb,

One suggestion - have a consultation with an immigration attorney who has had some experience with cases of adjustment from visitor status.

Yodrak

...

I would like to ask a few questions myself...I have a 19yr old step son, coming for a visit...expressed concerns of staying. IM not sure if I can do this...INS wont give me details how we can do this. Suggestions?

He is not here, the travel would be in the future.

[Girona40 0]

There is nothing in the INA or CFR that says a K-2 "child" ages-out at all! K-3's are a different story.

Unfortunately, the USCIS do not know how to apply the law in many instances and some "children" are afforded Adjustment of Status and others are not and have to fight for their right to stay here.

She is over 21 now and if she hasn't been approved AOS she may have a problem there, she may not. The USCIS apply rules differently from one district office to another.

I wouldn't worry about her and the boyfriend - a few days there every now and again doesn't constitute a change of residence, the same as my son staying with his girlfriend every other weekend doesn't.

Let it run it's course - you will have enough to deal with when the AOS interview is scheduled. I will pray that you don't have too many problems, but don't be surprised if they deny her and you are seeking the help of an attorney.

If you have any questions please don't hesitate to PM me.

Edited May 8, 2006 by Girona40

[lovenlife 0]

There is nothing in the INA or CFR that says a K-2 "child" ages-out at all! K-3's are a different story.

Unfortunately, the USCIS do not know how to apply the law in many instances and some "children" are afforded Adjustment of Status and others are not and have to fight for their right to stay here.

She is over 21 now and if she hasn't been approved AOS she may have a problem there, she may not. The USCIS apply rules differently from one district office to another.

I wouldn't worry about her and the boyfriend - a few days there every now and again doesn't constitute a change of residence, the same as my son staying with his girlfriend every other weekend doesn't.

Let it run it's course - you will have enough to deal with when the AOS interview is scheduled. I will pray that you don't have too many problems, but don't be surprised if they deny her and you are seeking the help of an attorney.

If you have any questions please don't hesitate to PM me.

Curious the OP details says they are in Mississippi, and they filed through the TSC, what District office are they going through, hopefully Houston TX, they seem to adjusts K-2’s over 21, we know of one personally.

As Girona40 said I wouldn't worry about the boy friend as much as what the USCIS will do when they adjudicate her case.

[Yodrak 7]

Boiler,

She cannot ask her questions in advance? (Yes, I know, the answers may be different. But she's asking now.)

Yodrak

OutbckDeb,

One suggestion - have a consultation with an immigration attorney who has had some experience with cases of adjustment from visitor status.

Yodrak

...

I would like to ask a few questions myself...I have a 19yr old step son, coming for a visit...expressed concerns of staying. IM not sure if I can do this...INS wont give me details how we can do this. Suggestions?

He is not here, the travel would be in the future.

[Boiler 45,525]

I was thinking more of the problems with the K4 than the K2 now I think about it. K4 is a bigger issue with ageing out.

And as far as the step son visit and adjust is concerned, well that implies immigrant intent on a non immigrant visa.