K2 Visa Expired Feb. 19, 2009

[JBandCB 0]

Hi, I already have a Greencard. My son got here August 2008 using a K2 Visa. Visa expired last month. He is 13 yrs old, in 7th grade. We are not ready to file AOS yet as we are still trying to save money to pay for it. Is this going to be a big problem when we are ready to file AOS for him? How much is the fine, anyone knows? Is there like a timeline/deadline for K2 AOS Application? What if it will take us 6 months before we can actually file AOS for him? I'm just worried he will get deported or something. I know K2 AOS Fee is $600 under 14yrs old, Is that correct? Any answers would be a great help. Thank you!!

[payxibka 10,047]

I know K2 AOS Fee is $600 under 14yrs old, Is that correct? Any answers would be a great help. Thank you!!

only if filed at the same time as the K-1... otherwise it is $930... you will be paying $930

[JBandCB 0]

I know K2 AOS Fee is $600 under 14yrs old, Is that correct? Any answers would be a great help. Thank you!!

only if filed at the same time as the K-1... otherwise it is $930... you will be paying $930

Oh thank you, now its gonna take longer than 6 months :star:

Has anyone have an expired K2 Visa? Please let me know what did you do and how much the fine is, if there is a fine. Can I still file AOS for him? Or do I need to send him back, which I dont wanna do. Any help pls.

[Bobby+Umit 161]

Your son is currently out of status with his visa.

You must file the AOS now to avoid issues with ICE, don't wait.

There is no "fine" to speak of. He could be deported since he is out of status.

[Eric-Pris 1,607]

The visa expiration date is meaningless, other than to signify the date that the visa must be used by. Once used, the visa become void, so really it has been "expired" since August. The visa expiration has no bearing on AOS.

The important thing is the I-94 arrival/departure record. This document determines your status. As of sometime in November (90 days after he arrived), he is "out of status". In other words, illegal. Once AOS is approved, his overstay will be forgiven.

Once you apply for AOS, he will be in "AOS-pending status" so all will be well. I would suggest applying as soon as you can.

[cl_dj 0]

I know K2 AOS Fee is $600 under 14yrs old, Is that correct? Any answers would be a great help. Thank you!!

only if filed at the same time as the K-1... otherwise it is $930... you will be paying $930

Oh thank you, now its gonna take longer than 6 months :star:

Has anyone have an expired K2 Visa? Please let me know what did you do and how much the fine is, if there is a fine. Can I still file AOS for him? Or do I need to send him back, which I dont wanna do. Any help pls.

We are in the same path! I've met a person that in the same situation before as she says. It should be fine and there is no fine for this. You don't have to send him back. So just do the AOS and stop worrying. Send the right amount for you to not have a problem.

[lovers0720 1]

The only problem I'd foresee is he may take another medical exam if he'd apply for AOS after his med. exam expires which is only good for 12 months. Otherwise, there shouldn't be a problem. He won't be deported though he is out of status.

[payxibka 10,047]

He won't be deported though he is out of status.

While they won't likely come looking for him, if discovered he could be....

[JBandCB 0]

Thank you so much guys for the reply. I really appreciate it. I will work on his AOS as soon as we get our tax refund .

My next question is: We are currently in WA right now and we are moving to CA next month. Can I send the application from CA? Or do I need to send it from here since all our paperworks were addressed to WA. Do I need to inform them of our change of address? How? Can you provide me the links pls. Thank you!!!

[Reba 2]

If it's going to take you til next month to complete his paperwork then yes, by all means send it from California.

In the meantime, you have to send an AR-11 for each of you, and an I-865 (address change notices) for your sponsor/spouse as soon as you move.

Beg borrow or steal if you have to to get the AOS done as soon as you can. If he gets himself into any sort of trouble, even jaywalking, he could be deported because he is currently out of status.