Please i need your answer......

[....... 0]

hi everyone,

im still on the process of my annulment and still dont know when will it be granted, i have a 20 year old daughter, and will be turning 21 january 2010..we will be filing our K1 visa after my annulment is granted may be any month of next year which is 2009...my daughter will be of course included in the petition, so what im worried now what if the visa is approved after she turns 21 can she still come with me? I mean even the petiton was filed before she turns 21 and will be approved after she turns 21? pls enlighten me your answer is much appreciated just much worry coz i dont want to leave her...

[YuAndDan 153]

hi everyone,

im still on the process of my annulment and still dont know when will it be granted, i have a 20 year old daughter, and will be turning 21 january 2010..we will be filing our K1 visa after my annulment is granted may be any month of next year which is 2009...my daughter will be of course included in the petition, so what im worried now what if the visa is approved after she turns 21 can she still come with me? I mean even the petiton was filed before she turns 21 and will be approved after she turns 21? pls enlighten me your answer is much appreciated just much worry coz i dont want to leave her...

A K-2 wont be issued if child is over age 21. And even if K-2 is issued before age 21, AOS must be filed for before age 21 and approved before age 21 or will AGE-OUT, and be denied the green-card.

[payxibka 10,045]

hi everyone,

im still on the process of my annulment and still dont know when will it be granted, i have a 20 year old daughter, and will be turning 21 january 2010..we will be filing our K1 visa after my annulment is granted may be any month of next year which is 2009...my daughter will be of course included in the petition, so what im worried now what if the visa is approved after she turns 21 can she still come with me? I mean even the petiton was filed before she turns 21 and will be approved after she turns 21? pls enlighten me your answer is much appreciated just much worry coz i dont want to leave her...

You are in a tough situation... if you do not get all done before she turns 21, it will be about another 15 years before you can get her here... 3+ years to your citizenship and 11+ years for a visa (assuming she remains unmarried) based on current wait times for the PI...

[....... 0]

thanks for all your answers it gives me some ideas, my next question is what if she was given a k2 visa before she turns 21, i mean she comes with me in the US the year 2009, she will be 21 january 2010, granting we enter US December 2009. will they allow her to get her EAD? If they did allow her, then for sure she will be denied for the permanent greencard coz shes over 21 by the time of applying, will she be deported and what are the options for her to stay? thanks in advance for taking time to answer....

[YuAndDan 153]

thanks for all your answers it gives me some ideas, my next question is what if she was given a k2 visa before she turns 21, i mean she comes with me in the US the year 2009, she will be 21 january 2010, granting we enter US December 2009. will they allow her to get her EAD? If they did allow her, then for sure she will be denied for the permanent greencard coz shes over 21 by the time of applying, will she be deported and what are the options for her to stay? thanks in advance for taking time to answer....

The K-2 expires 90 days after entry, if she ages out before green-card issuance she will be given 30 days to return home. EAD can only be applied for when filing for AOS.

Only option is if perhaps applies for a student visa and attends college, but this is not an immigrations visa, and would be required to return home after graduation, unless can secure employment with an employer willing to sponsor.

[SunDrop 59]

thanks for all your answers it gives me some ideas, my next question is what if she was given a k2 visa before she turns 21, i mean she comes with me in the US the year 2009, she will be 21 january 2010, granting we enter US December 2009. will they allow her to get her EAD? If they did allow her, then for sure she will be denied for the permanent greencard coz shes over 21 by the time of applying, will she be deported and what are the options for her to stay? thanks in advance for taking time to answer....

The K-2 expires 90 days after entry, if she ages out before green-card issuance she will be given 30 days to return home. EAD can only be applied for when filing for AOS.

Only option is if perhaps applies for a student visa and attends college, but this is not an immigrations visa, and would be required to return home after graduation, unless can secure employment with an employer willing to sponsor.

Or if she gets in on a K2, applies and attends college for however many years and then meets and marries a USC and files for AOS as a USC Spouse....

Depends what her plans are careerwise, but they're desperate for teachers and medics. Chances are high if she attends a US college for either fields, she'll be recruited.