Bringing child under 21 on K1 - NOA2 not received yet

[kitty23 0]

Hi everyone!

I need your advice on the following:

When filing for K1 for me back in July, me and my fiance did not include my son, 20 years old (he will be 21 in December) in the Affidavit of Support. He wasn't sure he wants to go with me but now he had changed his mind. However, none of the forms I had to fill in back then made any remark about my son accompanying me or follow at a later date. We have't received our NOA2 yet but it will probably happen in the next month or so. When drafting the documents I will be asked for by the Embassy I saw I have the option to include my son and I wish to do so under the "will follow at a later date" option.

My question is: can I still do so even if he was not included in the first Affidavit of Support signed by my fiancee (providing that he signs a new one)?

Thanks a lot!

[payxibka 10,045]

just get him to prepare a new one.... affidavits are submitted to the consulate and are not a required part of the petition package sent to the USCIS

Edited October 5, 2009 by payxibka

[john_and_marlene 162]

Will you be able to get the visa, marry, and file AOS before your son turns 21?

[kitty23 0]

We have submitted the Affidavit of Support as part of the K1 process. If I remember correctly it was required to be part of the package - but then again, I might be mistaken.

I can always ask him to fill in another one, we actually wanted to do it the first time but my son was taking too long to decide.

I am afraid that if we do it now it will only complicate the process. However, leaving it for later will significantly lower my son's chances to ever be able to follow.

I don;t think filing AOS for him would be an option. We don;t have NOA2 yet and my son will turn 21 in December 15 this year.

Edited October 5, 2009 by kitty23

[john_and_marlene 162]

If he turns 21 before you get the visa, he won't be eligible for K2. If he turns 21 before he can apply for adjustment of status, he won't be eligible for adjustment.

[kitty23 0]

So this is a no win situation as you put it. Even if I get the visa before he turns 21 then he won't be able to adjust, right? What about the law that regulates these situations? I remember I read somewhere about a law providing for these specific cases.

Edited October 5, 2009 by kitty23