K2 adjustment of status

[bugsly14 0]

Hi guys. I'm confused about the adjustment of status of k2 and the CSPA.

Will k2 need to file I-30 to adjust status or this is applicable to k4 only?

I also read that Child Status Protection Act does not apply to k2. Is this correct? The k2 was 20 years old when the marriage between the US citizen and the K1 occured. I also read something about the marriage should happen before the k2 is 18 years old. This confuses me.

Will the K2 be able to adjust status without encountering problems if she is 20 years old when USC and K1 marriage occured?

If she can't adjust status because she is already 20 when the marriage took place, what should be done to adjust the k2 status?

I hope someone can share inputs. Thanks in advance.

[Gary and Alla 3,694]

Hi guys. I'm confused about the adjustment of status of k2 and the CSPA.

Will k2 need to file I-30 to adjust status or this is applicable to k4 only?

I also read that Child Status Protection Act does not apply to k2. Is this correct? The k2 was 20 years old when the marriage between the US citizen and the K1 occured. I also read something about the marriage should happen before the k2 is 18 years old. This confuses me.

Will the K2 be able to adjust status without encountering problems if she is 20 years old when USC and K1 marriage occured?

If she can't adjust status because she is already 20 when the marriage took place, what should be done to adjust the k2 status?

I hope someone can share inputs. Thanks in advance.

K-2 does not need the I-130 IF the adjustment is applied for a visa issued within ONE YEAR of the mother's visa and the child is single and under age 21. Age restrictions of the CSPA does not apply. K-2 can adjust even if the relationship was formed after 18 (but must be under 21 when they FILE for AOS)

[Gary and Alla 3,694]

Hi guys. I'm confused about the adjustment of status of k2 and the CSPA.

Will k2 need to file I-30 to adjust status or this is applicable to k4 only?

I also read that Child Status Protection Act does not apply to k2. Is this correct? The k2 was 20 years old when the marriage between the US citizen and the K1 occured. I also read something about the marriage should happen before the k2 is 18 years old. This confuses me.

Will the K2 be able to adjust status without encountering problems if she is 20 years old when USC and K1 marriage occured?

If she can't adjust status because she is already 20 when the marriage took place, what should be done to adjust the k2 status?

I hope someone can share inputs. Thanks in advance.

Sorry, did n't answer the last question

Filinf to adjust staus for the K-2 is virtually identical as for the K-1. It is a separate filing, fees etc. Use the I-485, G-325a and other documents exactly as for the K-1 including affidavit of support, EAD and AP if desired. The feee is $1010 per person UNLESS tha child is under 14 years and files with the parent, the fee is $600 each. Also need to attach copy of the marriage certificate, I-129f approval. Exactly the K-1 adjustment x two.

The K2 WILL be able to adjust status without problems if the marriage occured when she was 20 years old PROVIDED the AOS is filed before her 21st birthday.

[Brad and Vika 129]

Good work Gary, the OP sounded a bit like Chinese to me.

To the OP, fill in a timeline and give us some background (dare ya )

[Gary and Alla 3,694]

Good work Gary, the OP sounded a bit like Chinese to me.

To the OP, fill in a timeline and give us some background (dare ya )

Brad, is it raining in Ukraine or something? Get out of that internet club and go enjoy Kherson or Odessa or whereever it is you are!

[bugsly14 0]

Good work Gary, the OP sounded a bit like Chinese to me.

To the OP, fill in a timeline and give us some background (dare ya )

Thanks Gary and Alla. To the OP - I wouldn't have a background cause this is not my case. I'm just helping out a friend with her case. Be nice.

[Brad and Vika 129]

Still jet lagging, but enjoying Odessa too. And I was being nice . No offense intended.

[Gary and Alla 3,694]

Still jet lagging, but enjoying Odessa too. And I was being nice . No offense intended.

None taken...have fun

[mamalou 0]

Hi guys. I'm confused about the adjustment of status of k2 and the CSPA.

Will k2 need to file I-30 to adjust status or this is applicable to k4 only?

I also read that Child Status Protection Act does not apply to k2. Is this correct? The k2 was 20 years old when the marriage between the US citizen and the K1 occured. I also read something about the marriage should happen before the k2 is 18 years old. This confuses me.

Will the K2 be able to adjust status without encountering problems if she is 20 years old when USC and K1 marriage occured?

If she can't adjust status because she is already 20 when the marriage took place, what should be done to adjust the k2 status?

I hope someone can share inputs. Thanks in advance.

Hey, my K4 daughter has just sent her AOS the other day, she turn 18 yo already when our marriage took place, she will turn 20 this Nov 2. I called USCIS about this matter for 4 times only 1 advised me to apply both 1-130 & 1-485, 3 advised me to apply for her I485 ONLY no I-130. So let see whats next. If they need I-130 they will just send RFE for that matter then we can send it, no problem. Dont worry too much, i suggest you do the same. K2 & K4 makes no diffference when it come to this matter, I guess. Wish you good luck too.

this is mamalou

[Gary and Alla 3,694]

Yes, it does make a difference. I do not know who you talked to at USCIS but it is not called the "misinformation line" for nothing. The operators have absolutely NO training in immigration issues, they give answers which match your question (sort of) from a "menu".

The specific USCIS instructions for K-2s and K-4s are different. A K-4 requires the establishment of the relationship before age 18 (marriage) they K-2 specifically does not. I am not sure if it will be as simple as being Rfe'd for an I-130.

[Road 2 Peace Arch 0]

Hi guys. I'm confused about the adjustment of status of k2 and the CSPA.

Will k2 need to file I-30 to adjust status or this is applicable to k4 only?

I also read that Child Status Protection Act does not apply to k2. Is this correct? The k2 was 20 years old when the marriage between the US citizen and the K1 occured. I also read something about the marriage should happen before the k2 is 18 years old. This confuses me.

Will the K2 be able to adjust status without encountering problems if she is 20 years old when USC and K1 marriage occured?

If she can't adjust status because she is already 20 when the marriage took place, what should be done to adjust the k2 status?

I hope someone can share inputs. Thanks in advance.

K-2 does not need the I-130 IF the adjustment is applied for a visa issued within ONE YEAR of the mother's visa and the child is single and under age 21. Age restrictions of the CSPA does not apply. K-2 can adjust even if the relationship was formed after 18 (but must be under 21 when they FILE for AOS)

Gary, not to throw a wrench in your explanation but basically to understand the "age-out" "Gotcha" at 21 years of age for K2's. While I consider it to be highly logical that once the K2 has arrived in the US and filed for AOS at age 20, my understanding is that if the K2 is not approved by the time the K2 becomes 21, tuff luck and he/she gets the boot out of the country. I really hope this is not the case for my own selfish reasons (aka my own K2 issue) and, as I've said before there is some District level case law around (California) but the elephant in the room seems to be this issue of age-out on K2 not being approved before he/she hits 21 years of age. Can we get any definitieve answers on this?

[Gary and Alla 3,694]

Hi guys. I'm confused about the adjustment of status of k2 and the CSPA.

Will k2 need to file I-30 to adjust status or this is applicable to k4 only?

I also read that Child Status Protection Act does not apply to k2. Is this correct? The k2 was 20 years old when the marriage between the US citizen and the K1 occured. I also read something about the marriage should happen before the k2 is 18 years old. This confuses me.

Will the K2 be able to adjust status without encountering problems if she is 20 years old when USC and K1 marriage occured?

If she can't adjust status because she is already 20 when the marriage took place, what should be done to adjust the k2 status?

I hope someone can share inputs. Thanks in advance.

K-2 does not need the I-130 IF the adjustment is applied for a visa issued within ONE YEAR of the mother's visa and the child is single and under age 21. Age restrictions of the CSPA does not apply. K-2 can adjust even if the relationship was formed after 18 (but must be under 21 when they FILE for AOS)

Gary, not to throw a wrench in your explanation but basically to understand the "age-out" "Gotcha" at 21 years of age for K2's. While I consider it to be highly logical that once the K2 has arrived in the US and filed for AOS at age 20, my understanding is that if the K2 is not approved by the time the K2 becomes 21, tuff luck and he/she gets the boot out of the country. I really hope this is not the case for my own selfish reasons (aka my own K2 issue) and, as I've said before there is some District level case law around (California) but the elephant in the room seems to be this issue of age-out on K2 not being approved before he/she hits 21 years of age. Can we get any definitieve answers on this?

I have looked a three cases of K-2s which were denied because they turned 21 during the AOS process that went to Federal court. In all three cases the K-2 AOS was upheld and ruled that if the process began before age 21 they should be adjusted. One case was posted here on this site recently.

I was under the same impression (or conservative assumption also) I cannot say that USCIS has changed any policies, however I am meeting with the director of the VSC again tomorrow(actually later today) and it will be one of the questions I hand over to him (along with a bunch of others) and it will be interesting to see their take on it.

No one wants to go to federal court for this, of course, it is just a whole lot easier to get it approved. It is no doubt BEST at this point to get the AOS completed before age 21. If it is fairly close to the beneficiaries birthday, be sure to write POSSIBLE AGE OUT on the envelope containing their I-485.

It would seem to make sense that if a k-2 visa (non-immigrant/dual purpose visa) is issued until age 21 then they should be able to adjust status, other wise cut the AOS off at age 21 and cut the visa off at 20-1/2 or something. I would hope after being ruled against in three cases, USCIS would get the hint. We will find out for sure.

[Road 2 Peace Arch 0]

Hi guys. I'm confused about the adjustment of status of k2 and the CSPA.

Will k2 need to file I-30 to adjust status or this is applicable to k4 only?

I also read that Child Status Protection Act does not apply to k2. Is this correct? The k2 was 20 years old when the marriage between the US citizen and the K1 occured. I also read something about the marriage should happen before the k2 is 18 years old. This confuses me.

Will the K2 be able to adjust status without encountering problems if she is 20 years old when USC and K1 marriage occured?

If she can't adjust status because she is already 20 when the marriage took place, what should be done to adjust the k2 status?

I hope someone can share inputs. Thanks in advance.

K-2 does not need the I-130 IF the adjustment is applied for a visa issued within ONE YEAR of the mother's visa and the child is single and under age 21. Age restrictions of the CSPA does not apply. K-2 can adjust even if the relationship was formed after 18 (but must be under 21 when they FILE for AOS)

Gary, not to throw a wrench in your explanation but basically to understand the "age-out" "Gotcha" at 21 years of age for K2's. While I consider it to be highly logical that once the K2 has arrived in the US and filed for AOS at age 20, my understanding is that if the K2 is not approved by the time the K2 becomes 21, tuff luck and he/she gets the boot out of the country. I really hope this is not the case for my own selfish reasons (aka my own K2 issue) and, as I've said before there is some District level case law around (California) but the elephant in the room seems to be this issue of age-out on K2 not being approved before he/she hits 21 years of age. Can we get any definitieve answers on this?

I have looked a three cases of K-2s which were denied because they turned 21 during the AOS process that went to Federal court. In all three cases the K-2 AOS was upheld and ruled that if the process began before age 21 they should be adjusted. One case was posted here on this site recently.

I was under the same impression (or conservative assumption also) I cannot say that USCIS has changed any policies, however I am meeting with the director of the VSC again tomorrow(actually later today) and it will be one of the questions I hand over to him (along with a bunch of others) and it will be interesting to see their take on it.

No one wants to go to federal court for this, of course, it is just a whole lot easier to get it approved. It is no doubt BEST at this point to get the AOS completed before age 21. If it is fairly close to the beneficiaries birthday, be sure to write POSSIBLE AGE OUT on the envelope containing their I-485.

It would seem to make sense that if a k-2 visa (non-immigrant/dual purpose visa) is issued until age 21 then they should be able to adjust status, other wise cut the AOS off at age 21 and cut the visa off at 20-1/2 or something. I would hope after being ruled against in three cases, USCIS would get the hint. We will find out for sure.

Thanks Gary for the follow up and, for presenting this question during your meeting with the VSC Director. While most of us would probably take this into Federal Court in order to have the K2 join the mother vs waiting years on another type of visa petition, the cost of a Federal appeal (with a decent Immig. Lawyer) might make most of us blink

This K2 age-out question and drama will remain a constant here on the forum so we'll be interested to know what you hear from the Director. Also, if you have access to those Federal Case particulars (so they might be cited later on) that might be helpful to post here as well. Thanks.

[Ginger cat 3]

Hi guys. I'm confused about the adjustment of status of k2 and the CSPA.

Will k2 need to file I-30 to adjust status or this is applicable to k4 only?

I also read that Child Status Protection Act does not apply to k2. Is this correct? The k2 was 20 years old when the marriage between the US citizen and the K1 occured. I also read something about the marriage should happen before the k2 is 18 years old. This confuses me.

Will the K2 be able to adjust status without encountering problems if she is 20 years old when USC and K1 marriage occured?

If she can't adjust status because she is already 20 when the marriage took place, what should be done to adjust the k2 status?

I hope someone can share inputs. Thanks in advance.

K-2 does not need the I-130 IF the adjustment is applied for a visa issued within ONE YEAR of the mother's visa and the child is single and under age 21. Age restrictions of the CSPA does not apply. K-2 can adjust even if the relationship was formed after 18 (but must be under 21 when they FILE for AOS)

Gary, not to throw a wrench in your explanation but basically to understand the "age-out" "Gotcha" at 21 years of age for K2's. While I consider it to be highly logical that once the K2 has arrived in the US and filed for AOS at age 20, my understanding is that if the K2 is not approved by the time the K2 becomes 21, tuff luck and he/she gets the boot out of the country. I really hope this is not the case for my own selfish reasons (aka my own K2 issue) and, as I've said before there is some District level case law around (California) but the elephant in the room seems to be this issue of age-out on K2 not being approved before he/she hits 21 years of age. Can we get any definitieve answers on this?

I have looked a three cases of K-2s which were denied because they turned 21 during the AOS process that went to Federal court. In all three cases the K-2 AOS was upheld and ruled that if the process began before age 21 they should be adjusted. One case was posted here on this site recently.

I was under the same impression (or conservative assumption also) I cannot say that USCIS has changed any policies, however I am meeting with the director of the VSC again tomorrow(actually later today) and it will be one of the questions I hand over to him (along with a bunch of others) and it will be interesting to see their take on it.

No one wants to go to federal court for this, of course, it is just a whole lot easier to get it approved. It is no doubt BEST at this point to get the AOS completed before age 21. If it is fairly close to the beneficiaries birthday, be sure to write POSSIBLE AGE OUT on the envelope containing their I-485.

It would seem to make sense that if a k-2 visa (non-immigrant/dual purpose visa) is issued until age 21 then they should be able to adjust status, other wise cut the AOS off at age 21 and cut the visa off at 20-1/2 or something. I would hope after being ruled against in three cases, USCIS would get the hint. We will find out for sure.

ok, gary, you are very helpful. especially on that matter, bc if its hard to find good literature about K2.

you have been priceless about it to me when i was fiking for my son> My husband and I were about making big mistakes and then we would have lost a precious amount of time.

anyway, now my son is here, if you look at my timeline i am into MY AOS. so now my questions are:

how long i have to file for HIS AOS.

i understand we go through the same paperwork which means to be clear:

AP+ PR?

i guess that EAD doesnt work for him, as he is 8.

and what are going to be the steps:

Fingerprints too, and then interview?

or they just send you paper bc as he is under 16, he just follows as long as the parents are ok.

so he is filing indepedently from me, i guess i will have to pay 1010$?

thanks for your help

[mamalou 0]

Kinda worried now, the USCIS sent back my daughter's AOS application & it took 20 days. The rejection notice says they need the I-130+ the fee. The fallowing day I call the USCIS, the lady rep says that my USC husband cannot file for her 1-130 for she is over 18 yo already when our marriage took place. She then advised me as LPR I can now petition her but she has to leave the country before her K4 visa expires, But my husband decided to just resend it concurrent 1-130+1-485 which we did it today, because uscis rep has different advises. Before we send her AOS I call them 4 times & 3 of them advise us to just file I-485 only,.. after all they just reject it. If they accept it well and good, if not We dont have choice except to fallow the law, have to let her go back to the Philippines & wait till she gets approve, but will take more or less 4 yrs. It's just a shame she got good job here & just recently purchased a new car on her own finances & planned to continue her college degree soon on next school yr.

Can you Vjer's pls share your opinion if we made the right thing? I need guidance. I want my daughter here with me as much as possible. I mixed up & worried.

this mamalou