I-485 for K2 Stepson denied due to age out

[David and Carrie 0]

We just received the letter from USCIS stating that my step-son had

been denied his AOS due to age out. They came to the USA on K1/K2

visas in October, and we were married in November.

We filed the I-485 in December, 2008, and had the interview on June

5th 2009. His mother was approved the next week, but we received no

response on her son until now.

They are saying he has 30 days to leave the country and there is no

appeal. We had been told previously, both here in Milwaukee, and at

the National 800# that there was no age out risk, since the I-485 was

filed prior to his 21st birthday.

The letter states although there is no appeal, I can pay $585 to file

a motion to re-open the case. Does anyone have any experiences

with similar situations?

Thank you for any help!

David & Carrie

[Dakine 26]

DON"T use the 800 number for information. It's called the misinformation number here on VJ.

Contact your senator right away.

[Nich-Nick 3,354]

It is my understanding that if the child of a USC ages out during the AOS processing, then their age is "frozen" at the time of the application. The USCIS definition of "child" is an unmarried son or daughter under the age of 21. However for your husband to claim to be the USC step-parent of that "child" they state this:

"If you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday"

That may be why the aging out freeze doesn't apply to your son. He was not the step-child of the USC prior to his 18th birthday.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited August 20, 2009 by Nich-Nick

[usaborn1111 0]

It is my understanding that if the child of a USC ages out during the AOS processing, then their age is "frozen" at the time of the application. The USCIS definition of "child" is an unmarried son or daughter under the age of 21. However for your husband to claim to be the USC step-parent of that "child" they state this:

"If you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday"

That may be why the aging out freeze doesn't apply to your son. He was not the step-child of the USC prior to his 18th birthday.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

THey is a court case in CA that the is on this topic and they beat the Gov't link:http://thelegalintelligencer.typepad.com/tli/2009/06/adjustment-status-for-k2-visa-holders-deciphering-the-aging-out-problem.html

I'm going through the same thing. I'm hoping I won't get that letter.

[David and Carrie 0]

It is my understanding that if the child of a USC ages out during the AOS processing, then their age is "frozen" at the time of the application. The USCIS definition of "child" is an unmarried son or daughter under the age of 21. However for your husband to claim to be the USC step-parent of that "child" they state this:

"If you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday"

That may be why the aging out freeze doesn't apply to your son. He was not the step-child of the USC prior to his 18th birthday.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

THey is a court case in CA that the is on this topic and they beat the Gov't link:http://thelegalintelligencer.typepad.com/tli/2009/06/adjustment-status-for-k2-visa-holders-deciphering-the-aging-out-problem.html

I'm going through the same thing. I'm hoping I won't get that letter.

I was actually contacted today at another site by Verovkin's father. We all owe him a debt of gratitude for pushing the envelope.

[usaborn1111 0]

We just received the letter from USCIS stating that my step-son had

been denied his AOS due to age out. They came to the USA on K1/K2

visas in October, and we were married in November.

We filed the I-485 in December, 2008, and had the interview on June

5th 2009. His mother was approved the next week, but we received no

response on her son until now.

They are saying he has 30 days to leave the country and there is no

appeal. We had been told previously, both here in Milwaukee, and at

the National 800# that there was no age out risk, since the I-485 was

filed prior to his 21st birthday.

The letter states although there is no appeal, I can pay $585 to file

a motion to re-open the case. Does anyone have any experiences

with similar situations?

Thank you for any help!

David & Carrie

WISH THE GOV"T WOULD JUST DO THE RIGHT THING