going to be 21 in April

[TomandHongyan 0]

Can anyone give me some solid information on how to proceed. I filed my I129F 4-3-09 which is the date that they log my petition in at Vermont. I am still waiting for NOA2. My fiance is a member of the CCP because of her job and as I understand it, she will be given a Blue slip at the interview because they will need to do a futher background check, which can take up to 4 months. If we get our NOA2 soon, maybe our interview will be sometime in Dec, then with the extra time for the background check, just maybe we will have our pink slip by 3-2010. The boy's birthday is 4-13 and he will turn 21,

What can I do to make sure we get everything approved by 3-2010? If we do get my fiance and her boy in the usa before his birthday and we marry before his birthday and we file for change of status for her and the boy before his 21 birthday will he get his green card and not by denied because of his age of 21?

[Gary and Alla 3,694]

Can anyone give me some solid information on how to proceed. I filed my I129F 4-3-09 which is the date that they log my petition in at Vermont. I am still waiting for NOA2. My fiance is a member of the CCP because of her job and as I understand it, she will be given a Blue slip at the interview because they will need to do a futher background check, which can take up to 4 months. If we get our NOA2 soon, maybe our interview will be sometime in Dec, then with the extra time for the background check, just maybe we will have our pink slip by 3-2010. The boy's birthday is 4-13 and he will turn 21,

What can I do to make sure we get everything approved by 3-2010? If we do get my fiance and her boy in the usa before his birthday and we marry before his birthday and we file for change of status for her and the boy before his 21 birthday will he get his green card and not by denied because of his age of 21?

Not likely. In addition, the AOS must be approved before he is 21. It is a bit of misinformation that a visa will be issued until age 21 (it will, but...) because he must also be under age 21 to adjust staus and he cannot do that until after you are married. She will likely need to file an I-130 once she has her green card and wait for a visa number to be available for him.

IF you get him here before his 21st birthday, AND get maried AND file for AOS before his 21st birthday, include a letter requesting expedited processing of the AOS, write "Possible Age out" on the outside of the envelope AND make an infopass appointkment with your local office prior to filing the AOS. We did this for our son that needed a quick turn-around because he was returning for school. The local office was quite helpful. As soon as we had our "NOA1" for filing AOS, we went to the local ofice with an inforpass appointment and they got his file epedited for processing here.

Your problem will be getting any cooperation before hand. Thy will do what they will do.