"turning 21" within 2 weeks of interview-child

[tinman 33]

My Fiance's daughter will be 21 2 weeks after our interview. I am not clear on the process at this point.

We plan on returning to the US immediately...can the embassy still grant the Visa to the daughter..and will we still have time to protect the daughter's stay in the US?

Our interview is June 11, 09......

[milimelo 4,568]

Shouldn't you notify the embassy of child's aging out? They may be able to have her do interview earlier. Best to contact them.

[YuAndDan 153]

Moving this to consulate embassy forum, there is no waiver process for this.

Problem is, you will never be able to marry and file for adjustment of status and have approval of green-cards in time to avoid age out issue.

This will require you to marry and adjust status, and once your fiancee/wife acquires green-card, she can then file an I-130 for an immediate relative unmarried child of an LPR over age 21. This gets classified F-2B and for China has been taking 8-9 years to get a visa. If and when spouse becomes a US Citizen the petition can be reclassified F-1 which may shave a year of so off the wait. Note if child marries while waiting for this visa, this will need to be indicated to NVC after US Citizenship and the case will be shifted down to F-3 class. There is NO class for married children of a green-card holder.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

I have seen a few posts on the Chinese immigrations board on this subject.

MORE:

http://candleforlove.com/forums/index.php?showtopic=33121

http://candleforlove.com/forums/index.php?showtopic=30789

http://candleforlove.com/forums/index.php?showtopic=24756

http://candleforlove.com/forums/index.php?showtopic=21084

http://candleforlove.com/forums/index.php?showtopic=14939

http://candleforlove.com/forums/index.php?...st&p=178800

http://www.visajourney.com/forums/index.php?showtopic=39290

[Mononoke28 135]

I'm not sure if this can help or if you've read it already but it's worth try just in case:

http://www.visajourney.com/forums/index.php?showtopic=110854

Diana

[Gary and Alla 3,694]

My Fiance's daughter will be 21 2 weeks after our interview. I am not clear on the process at this point.

We plan on returning to the US immediately...can the embassy still grant the Visa to the daughter..and will we still have time to protect the daughter's stay in the US?

Our interview is June 11, 09......

Though I answered you in a PM, I want to post that here for forum review. It is also a good suggestion to ask for an earlier interview if possible.

Though no one has posted otherwise, the consulate can make this call. She IS under 21 and therefore qualifies and she would, if you act quickly, enter the US on a K-2 visa which allows her to adjust status. My advice is, get here ASAP and get the AOS off in the mail ASAP. You can get everything ready and add your marriage license and copies of I-94s when they arrive and mail it! Get marreid first, meet her at the airport with the JP if necessary. Make sure you get a certified copy of your marriage certificate at the ceremony (if possible, we did) other wise you could wait weeks for that to get processed. Mark the AOS envelope "POSSIBLE AGE OUT!" on the outside of the envelope and send it overnight MAIL, certified. Thats IF you get the visa in time. I do not know how long it takes the China consulate to get the visa to you.

The gray areas for me is exactly when the cut-off takes affect. Before visa issuance? Before US entry? Before AOS filed? Or before AOS approved? THAT I cannot answer. A good source for this is VJ member "Pushbrk"

[Gary and Alla 3,694]

Moving this to consulate embassy forum, there is no waiver process for this.

Problem is, you will never be able to marry and file for adjustment of status and have approval of green-cards in time to avoid age out issue.

This will require you to marry and adjust status, and once your fiancee/wife acquires green-card, she can then file an I-130 for an immediate relative unmarried child of an LPR over age 21. This gets classified F-2B and for China has been taking 8-9 years to get a visa. If and when spouse becomes a US Citizen the petition can be reclassified F-1 which may shave a year of so off the wait. Note if child marries while waiting for this visa, this will need to be indicated to NVC after US Citizenship and the case will be shifted down to F-3 class. There is NO class for married children of a green-card holder.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

I have seen a few posts on the Chinese immigrations board on this subject.

MORE:

http://candleforlove.com/forums/index.php?showtopic=33121

http://candleforlove.com/forums/index.php?showtopic=30789

http://candleforlove.com/forums/index.php?showtopic=24756

http://candleforlove.com/forums/index.php?showtopic=21084

http://candleforlove.com/forums/index.php?showtopic=14939

http://candleforlove.com/forums/index.php?...st&p=178800

http://www.visajourney.com/forums/index.php?showtopic=39290

For a K-2, no I-130 is needed and they can file for AOS at the same time. I filed our sons AOS in the same envelope and paid with the same check as for my K-1 wife. What you state is true for the K-4 or CR-2 but not the K-2

[YuAndDan 153]

For a K-2, no I-130 is needed and they can file for AOS at the same time. I filed our sons AOS in the same envelope and paid with the same check as for my K-1 wife. What you state is true for the K-4 or CR-2 but not the K-2

I never indicated that an I-130 would be needed when filing to adjust status from a K-2 visa, I did indicate what would be needed to be filed if the child ages out BEFORE the K-1 marries and can adjust status.

K-3/4 have their own set of issues, such as marriage needs to happen before the child's 18th birthday, if marriage happened after the child's 18th birthday, the steparent cannot file an I-130 for the K-4 to adjust status from, though this too is a grey area, I have seen a case on CFL that adjusted a K-4 with a marriage after K-4's 18th birthday.

http://candleforlove.com/forums/index.php?...c=34432&hl=

[Gary and Alla 3,694]

For a K-2, no I-130 is needed and they can file for AOS at the same time. I filed our sons AOS in the same envelope and paid with the same check as for my K-1 wife. What you state is true for the K-4 or CR-2 but not the K-2

I never indicated that an I-130 would be needed when filing to adjust status from a K-2 visa, I did indicate what would be needed to be filed if the child ages out BEFORE the K-1 marries and can adjust status.

K-3/4 have their own set of issues, such as marriage needs to happen before the child's 18th birthday, if marriage happened after the child's 18th birthday, the steparent cannot file an I-130 for the K-4 to adjust status from, though this too is a grey area, I have seen a case on CFL that adjusted a K-4 with a marriage after K-4's 18th birthday.

http://candleforlove.com/forums/index.php?...c=34432&hl=

Ok, I misunderstood.