AOS for child over 18 at the time of marriage

[reddy 0]

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!

[pushbrk 13,099]

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.

Edited February 25, 2009 by pushbrk

[reddy 0]

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.

[pushbrk 13,099]

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.

[reddy 0]

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

[pushbrk 13,099]

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.

[reddy 0]

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.

[pushbrk 13,099]

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.

I was a member here in 2006 but not actually participating. It was made clear to me early on that K4 had a problem because an approved I-130 was required to adjust status but that unmarried children under 21 could obtain a K2 visa and adjust status as long as they didn't age out before the AOS was complete. I'm glad you are now clear on this and can't imagine any K2 being denied AOS for a marriage taking place after age 18 unless they also aged out. It would be a mistake if it happened.

On the other hand the problem comes up often with K3 or with CR2/IR2 potential cases.