No NOA2 for K1 yet and my daughter (K2) will be 21 in January 2007

[jo&john 1]

Hello everyone,

I want to thank you all for the information and insights. I've been visiting the site and learned a lot. I just joined yesterday. I am a beneficiary of a K1 petition. You would see below our journey...and it was really a journey..gone through the annulment procedures which took most of the time, money and energy and generated frustrations as well because of delays and things that happened beyond our control. And then after things turned out well, having all the documents and had sent off the I-129F, John and I became frustrated again because of this IMBRA which caused delays in the processing.

Time is gold. My other daughter is turning 21 this january 2007. She is included in the petition since she is below 21. I am positive that I will have the NOA2 soon but the interview date is what I am worried about. If the interview will be in December and got approved, is she fine? She will turn 21 on January 6, 2007. I know she will be fine as K2 if she gets admitted before reaching 21. But when she turns 21 in the U.S., does the K-2 expires? Could anyone shed light on this? I've been trying to look for sites on other K2 information. Do I have to get married as soon as i get there before she turns 21?

Another question. In the event that I still don't have the NOA2 (situation # 2) or have the NOA2 but no interview yet (situation # 3), and my daughter turns 21, what happens to the petition? what are the implications? What should i expect? Next steps?

I am praying for a fast NOA2 and a fast interview schedule and visa approval so that everyone in my family and John's family will be very happy. I have waited for so long and I deserve to be with John.

Sincerely,

Jo

-------

jo&john's journey:

03/10/04: Met John at Yahoo! Messenger; start of a good relationship

03/30/04: I became his girlfriend

05/26/04: John excited for his trip to the Philippines to see me and set the direction

05/27/04: John on board Delta Airlines from DFW (Texas) to San Francisco

05/28/04: John on board China Airlines from San Francisco to Taipei

05/29/04: John on board China Airlines from Taipei to Manila; I met him at the

NAIA (Ninoy Aquino International Airport); the rest IS magic! We became

more in love!

05/30/04: We got engaged! The remaining 3 days were full of good memories and still

crystal clear for me

06/03/04: John left for Taipei on board China Airlines; reached LA then DFW same

day; I miss my honey; we both wait for the approval of my annulment

petition (series of court hearings and procedures; constant follow-up to

expedite the process; delays because of holidays, official leaves of

court personnel, etc; judge is meticulous, no short-cuts) ; John had been

very supportive and is still.

03/23/06: Regional Court Decision out: Declaring absolute nullity of my marriage.

We were very happy! The long wait was over! Actually, the decision/resolution

made was dated February 23, 2006. It took a month for editing, finalization,

etc by the court stenographers, clerk of court, etc.

Upon receipt of the Decision, I flew to Manila (I’m from Iloilo City) and

personally hand-carried the Decision to the Solicitor-General (was

praying Sol-Gen won’t object to the decision; RTC’s give 15 days for

Sol-Gen to appeal)

04/07/06: No appeal from Solicitor-General. RTC recorded the decision in the Book of

Entries of Judgment (as final and executory). Entry of Judgment signed by

the Clerk of Court. This was then forwarded to Local Civil Registrar.

Annotation was done to my Marriage Certificate. Submitted the Annotated

(with Annulment Remarks) Marriage Certificate to NSO (National Statistics Office)

for authentication and on SECPA (Security Paper). I got my SECPA annotated

marriage certificate after 3 weeks.

04/10-16: Holy Week; no office

04/17/06: Submitted requirements to RTC for issuance of Annulment Decree

04/18/06: Got my Decree of Declaration of Nullity of Marriage (annulment process

took 1 year and 10 months from filing of petition to getting the decree)

Sent remaining pertinent documents to John needed for the K1 petition.

Both of us were elated!

04/22/06: John sent I-129F to Texas Service Center

04/25/06: I-129F received at California Service Center (Fr. TSC)

05/01/06: NOA1

06/23/06: email notification re: IMBRA RFE sent from CSC

06/30/06: John received IMBRA RFE (snail mail)

07/05/06: John sent IMBRA RFE reply to CSC

07/17/06: email notification from USCIS re: receipt of IMBRA RFE reply

[JenT 0]

Have you seen this page? Perhaps it will help...

http://www.uscis.gov/graphics/howdoi/child.htm

Jen

[jo&john 1]

Have you seen this page? Perhaps it will help...

http://www.uscis.gov/graphics/howdoi/child.htm

Jen

Thanks Jen...i did...but it is limiting...i am searching for more info...the site didn't address my queries.

Jo

--------------------

jo&john's journey:

03/10/04: Met John at Yahoo! Messenger; start of a good relationship

03/30/04: I became his girlfriend

05/26/04: John excited for his trip to the Philippines to see me and set the direction

05/27/04: John on board Delta Airlines from DFW (Texas) to San Francisco

05/28/04: John on board China Airlines from San Francisco to Taipei

05/29/04: John on board China Airlines from Taipei to Manila; I met him at the

NAIA (Ninoy Aquino International Airport); the rest IS magic! We became

more in love!

05/30/04: We got engaged! The remaining 3 days were full of good memories and still

crystal clear for me

06/03/04: John left for Taipei on board China Airlines; reached LA then DFW same

day; I miss my honey; we both wait for the approval of my annulment

petition (series of court hearings and procedures; constant follow-up to

expedite the process; delays because of holidays, official leaves of

court personnel, etc; judge is meticulous, no short-cuts) ; John had been

very supportive and is still.

03/23/06: Regional Court Decision out: Declaring absolute nullity of my marriage.

We were very happy! The long wait was over! Actually, the decision/resolution

made was dated February 23, 2006. It took a month for editing, finalization,

etc by the court stenographers, clerk of court, etc.

Upon receipt of the Decision, I flew to Manila (I’m from Iloilo City) and

personally hand-carried the Decision to the Solicitor-General (was

praying Sol-Gen won’t object to the decision; RTC’s give 15 days for

Sol-Gen to appeal)

04/07/06: No appeal from Solicitor-General. RTC recorded the decision in the Book of

Entries of Judgment (as final and executory). Entry of Judgment signed by

the Clerk of Court. This was then forwarded to Local Civil Registrar.

Annotation was done to my Marriage Certificate. Submitted the Annotated

(with Annulment Remarks) Marriage Certificate to NSO (National Statistics Office)

for authentication and on SECPA (Security Paper). I got my SECPA annotated

marriage certificate after 3 weeks.

04/10-16: Holy Week; no office

04/17/06: Submitted requirements to RTC for issuance of Annulment Decree

04/18/06: Got my Decree of Declaration of Nullity of Marriage (annulment process

took 1 year and 10 months from filing of petition to getting the decree)

Sent remaining pertinent documents to John needed for the K1 petition.

Both of us were elated!

04/22/06: John sent I-129F to Texas Service Center

04/25/06: I-129F received at California Service Center (Fr. TSC)

05/01/06: NOA1

06/23/06: email notification re: IMBRA RFE sent from CSC

06/30/06: John received IMBRA RFE (snail mail)

07/05/06: John sent IMBRA RFE reply to CSC

07/17/06: email notification from USCIS re: receipt of IMBRA RFE reply

[JenT 0]

Sorry Jo... haven't been in your situation but I do seem to recall someone else questioning timing when it comes to K2s.... might just have to search the "Bringing Family Members" forum, if you haven't already.

Best wishes - Jen

[jo&john 1]

Sorry Jo... haven't been in your situation but I do seem to recall someone else questioning timing when it comes to K2s.... might just have to search the "Bringing Family Members" forum, if you haven't already.

Best wishes - Jen

Again, thank you very much Jen...you don't need to apologize...i will continuously search for answers... ...btw, we are almost of the same timelines...let us keep our fingers crossed and be done with everything before the year ends!

Keep the Spirit!,

Jo

---------------

jo&john's journey:

03/10/04: Met John at Yahoo! Messenger; start of a good relationship

03/30/04: I became his girlfriend

05/26/04: John excited for his trip to the Philippines to see me and set the direction

05/27/04: John on board Delta Airlines from DFW (Texas) to San Francisco

05/28/04: John on board China Airlines from San Francisco to Taipei

05/29/04: John on board China Airlines from Taipei to Manila; I met him at the

NAIA (Ninoy Aquino International Airport); the rest IS magic! We became

more in love!

05/30/04: We got engaged! The remaining 3 days were full of good memories and still

crystal clear for me

06/03/04: John left for Taipei on board China Airlines; reached LA then DFW same

day; I miss my honey; we both wait for the approval of my annulment

petition (series of court hearings and procedures; constant follow-up to

expedite the process; delays because of holidays, official leaves of

court personnel, etc; judge is meticulous, no short-cuts) ; John had been

very supportive and is still.

03/23/06: Regional Court Decision out: Declaring absolute nullity of my marriage.

We were very happy! The long wait was over! Actually, the decision/resolution

made was dated February 23, 2006. It took a month for editing, finalization,

etc by the court stenographers, clerk of court, etc.

Upon receipt of the Decision, I flew to Manila (I’m from Iloilo City) and

personally hand-carried the Decision to the Solicitor-General (was

praying Sol-Gen won’t object to the decision; RTC’s give 15 days for

Sol-Gen to appeal)

04/07/06: No appeal from Solicitor-General. RTC recorded the decision in the Book of

Entries of Judgment (as final and executory). Entry of Judgment signed by

the Clerk of Court. This was then forwarded to Local Civil Registrar.

Annotation was done to my Marriage Certificate. Submitted the Annotated

(with Annulment Remarks) Marriage Certificate to NSO (National Statistics Office)

for authentication and on SECPA (Security Paper). I got my SECPA annotated

marriage certificate after 3 weeks.

04/10-16: Holy Week; no office

04/17/06: Submitted requirements to RTC for issuance of Annulment Decree

04/18/06: Got my Decree of Declaration of Nullity of Marriage (annulment process

took 1 year and 10 months from filing of petition to getting the decree)

Sent remaining pertinent documents to John needed for the K1 petition.

Both of us were elated!

04/22/06: John sent I-129F to Texas Service Center

04/25/06: I-129F received at California Service Center (Fr. TSC)

05/01/06: NOA1

06/23/06: email notification re: IMBRA RFE sent from CSC

06/30/06: John received IMBRA RFE (snail mail)

07/05/06: John sent IMBRA RFE reply to CSC

07/17/06: email notification from USCIS re: receipt of IMBRA RFE reply

[lovenlife 0]

Sorry Jo... haven't been in your situation but I do seem to recall someone else questioning timing when it comes to K2s.... might just have to search the "Bringing Family Members" forum, if you haven't already.

Best wishes - Jen

Again, thank you very much Jen...you don't need to apologize...i will continuously search for answers... ...btw, we are almost of the same timelines...let us keep our fingers crossed and be done with everything before the year ends!

Keep the Spirit!,

Jo

---------------

jo&john's journey:

03/10/04: Met John at Yahoo! Messenger; start of a good relationship

03/30/04: I became his girlfriend

05/26/04: John excited for his trip to the Philippines to see me and set the direction

05/27/04: John on board Delta Airlines from DFW (Texas) to San Francisco

05/28/04: John on board China Airlines from San Francisco to Taipei

05/29/04: John on board China Airlines from Taipei to Manila; I met him at the

NAIA (Ninoy Aquino International Airport); the rest IS magic! We became

more in love!

05/30/04: We got engaged! The remaining 3 days were full of good memories and still

crystal clear for me

06/03/04: John left for Taipei on board China Airlines; reached LA then DFW same

day; I miss my honey; we both wait for the approval of my annulment

petition (series of court hearings and procedures; constant follow-up to

expedite the process; delays because of holidays, official leaves of

court personnel, etc; judge is meticulous, no short-cuts) ; John had been

very supportive and is still.

03/23/06: Regional Court Decision out: Declaring absolute nullity of my marriage.

We were very happy! The long wait was over! Actually, the decision/resolution

made was dated February 23, 2006. It took a month for editing, finalization,

etc by the court stenographers, clerk of court, etc.

Upon receipt of the Decision, I flew to Manila (I’m from Iloilo City) and

personally hand-carried the Decision to the Solicitor-General (was

praying Sol-Gen won’t object to the decision; RTC’s give 15 days for

Sol-Gen to appeal)

04/07/06: No appeal from Solicitor-General. RTC recorded the decision in the Book of

Entries of Judgment (as final and executory). Entry of Judgment signed by

the Clerk of Court. This was then forwarded to Local Civil Registrar.

Annotation was done to my Marriage Certificate. Submitted the Annotated

(with Annulment Remarks) Marriage Certificate to NSO (National Statistics Office)

for authentication and on SECPA (Security Paper). I got my SECPA annotated

marriage certificate after 3 weeks.

04/10-16: Holy Week; no office

04/17/06: Submitted requirements to RTC for issuance of Annulment Decree

04/18/06: Got my Decree of Declaration of Nullity of Marriage (annulment process

took 1 year and 10 months from filing of petition to getting the decree)

Sent remaining pertinent documents to John needed for the K1 petition.

Both of us were elated!

04/22/06: John sent I-129F to Texas Service Center

04/25/06: I-129F received at California Service Center (Fr. TSC)

05/01/06: NOA1

06/23/06: email notification re: IMBRA RFE sent from CSC

06/30/06: John received IMBRA RFE (snail mail)

07/05/06: John sent IMBRA RFE reply to CSC

07/17/06: email notification from USCIS re: receipt of IMBRA RFE reply

The question of your daughter can be a complex one depending on several factors and the time it takes. If you are both approved and granted a visa before she reaches 21 and enters in to the US, and you the K-1 gets married to the original US citizen petitioner with in 90 days you will be allowed to file for adjustment of status.

The question that arises is, does the K-2 have to be under 21 at the time of the Adjustment of Status (AOS) interview for final adjudication? The law seems clear on this to some at the USCIS, but some USCIS district offices are denying these cases as “age outs” in that the K-2 was over 21 at the time of the AOS interview. Usually stating in the denial, that the K-2 must meet the definition of a child (sec 101) and therefore does not meet the Immediate Relative status (sec 203(d)) under the Immigration and Nationality Act. The thing is a K-1/K-2 are not Immigrant petitions that fall under sec 203/204, they are Non-immigrant petitions under sec 214(d). The only real and relative age restrictions are on the Non-immigrant visa issuance, entry into the US, being under 21 at the time of the marriage, and filing for adjustment of status, but not the AOS interview.

Currently there are several cases (like ours) that are either going to court or as in the case with ours being submitted through the Administrative Appeals Office (AAO) for a certified decision. I would seek legal advice ASAP, the USCIS can and will expedite these kinds of cases where a potential “age out” might occur, but hopefully in the long run (soon) there will be a new policy within the USCIS that will clear this up.

Edited July 24, 2006 by lovenlife

[jo&john 1]

Sorry Jo... haven't been in your situation but I do seem to recall someone else questioning timing when it comes to K2s.... might just have to search the "Bringing Family Members" forum, if you haven't already.

Best wishes - Jen

Again, thank you very much Jen...you don't need to apologize...i will continuously search for answers... ...btw, we are almost of the same timelines...let us keep our fingers crossed and be done with everything before the year ends!

Keep the Spirit!,

Jo

---------------

jo&john's journey:

03/10/04: Met John at Yahoo! Messenger; start of a good relationship

03/30/04: I became his girlfriend

05/26/04: John excited for his trip to the Philippines to see me and set the direction

05/27/04: John on board Delta Airlines from DFW (Texas) to San Francisco

05/28/04: John on board China Airlines from San Francisco to Taipei

05/29/04: John on board China Airlines from Taipei to Manila; I met him at the

NAIA (Ninoy Aquino International Airport); the rest IS magic! We became

more in love!

05/30/04: We got engaged! The remaining 3 days were full of good memories and still

crystal clear for me

06/03/04: John left for Taipei on board China Airlines; reached LA then DFW same

day; I miss my honey; we both wait for the approval of my annulment

petition (series of court hearings and procedures; constant follow-up to

expedite the process; delays because of holidays, official leaves of

court personnel, etc; judge is meticulous, no short-cuts) ; John had been

very supportive and is still.

03/23/06: Regional Court Decision out: Declaring absolute nullity of my marriage.

We were very happy! The long wait was over! Actually, the decision/resolution

made was dated February 23, 2006. It took a month for editing, finalization,

etc by the court stenographers, clerk of court, etc.

Upon receipt of the Decision, I flew to Manila (I’m from Iloilo City) and

personally hand-carried the Decision to the Solicitor-General (was

praying Sol-Gen won’t object to the decision; RTC’s give 15 days for

Sol-Gen to appeal)

04/07/06: No appeal from Solicitor-General. RTC recorded the decision in the Book of

Entries of Judgment (as final and executory). Entry of Judgment signed by

the Clerk of Court. This was then forwarded to Local Civil Registrar.

Annotation was done to my Marriage Certificate. Submitted the Annotated

(with Annulment Remarks) Marriage Certificate to NSO (National Statistics Office)

for authentication and on SECPA (Security Paper). I got my SECPA annotated

marriage certificate after 3 weeks.

04/10-16: Holy Week; no office

04/17/06: Submitted requirements to RTC for issuance of Annulment Decree

04/18/06: Got my Decree of Declaration of Nullity of Marriage (annulment process

took 1 year and 10 months from filing of petition to getting the decree)

Sent remaining pertinent documents to John needed for the K1 petition.

Both of us were elated!

04/22/06: John sent I-129F to Texas Service Center

04/25/06: I-129F received at California Service Center (Fr. TSC)

05/01/06: NOA1

06/23/06: email notification re: IMBRA RFE sent from CSC

06/30/06: John received IMBRA RFE (snail mail)

07/05/06: John sent IMBRA RFE reply to CSC

07/17/06: email notification from USCIS re: receipt of IMBRA RFE reply

The question of your daughter can be a complex one depending on several factors and the time it takes. If you are both approved and granted a visa before she reaches 21 and enters in to the US, and you the K-1 gets married to the original US citizen petitioner with in 90 days you will be allowed to file for adjustment of status.

The question that arises is, does the K-2 have to be under 21 at the time of the Adjustment of Status (AOS) interview for final adjudication? The law seems clear on this to some at the USCIS, but some USCIS district offices are denying these cases as “age outs” in that the K-2 was over 21 at the time of the AOS interview. Usually stating in the denial, that the K-2 must meet the definition of a child (sec 101) and therefore does not meet the Immediate Relative status (sec 203(d)) under the Immigration and Nationality Act. The thing is a K-1/K-2 are not Immigrant petitions that fall under sec 203/204, they are Non-immigrant petitions under sec 214(d). The only real and relative age restrictions are on the Non-immigrant visa issuance, entry into the US, being under 21 at the time of the marriage, and filing for adjustment of status, but not the AOS interview.

Currently there are several cases (like ours) that are either going to court or as in the case with ours being submitted through the Administrative Appeals Office (AAO) for a certified decision. I would seek legal advice ASAP, the USCIS can and will expedite these kinds of cases where a potential “age out” might occur, but hopefully in the long run (soon) there will be a new policy within the USCIS that will clear this up.

Thanks Lovenlife!

You just affirmed the information John, my fiancé, got when he telephoned again just this week the gentleman in this toll-free phone (earlier query about sites covered by IMBRA, etc; I have to validate from my fiancé which Senator’s office; it was a 30 minute wait for a live person). The gentleman told John that my daughter, on K2, will be fine as long as she arrives the U.S. and her K1 parent marries before K2 turns 21. And you said, there is no restriction on the AOS interview. Yehey! But the AOS should be filed before she turns 21. Ok, I am hoping for the best. By the way, my daughter is presently on her 4th year nursing (last year). If she is within the timeline (we entered the U.S.; I got married and we filed AOS before she turns 21), can she go back to the Philippines on Advance Parole and finish her nursing? Or she remains in the U.S. and finish her nursing there?

One more thing, you recommended legal advise. USCIS can expedite K1/K2 if K2 is an “age-out” potential? Thanks! I thought all the while it is only for Family-based. John and I should hurry up. I miss him very much.

Godspeed,

Jo

-------

jo&john's journey:

03/10/04: Met John at Yahoo! Messenger; start of a good relationship

03/30/04: I became his girlfriend

05/26/04: John excited for his trip to the Philippines to see me and set the direction

05/27/04: John on board Delta Airlines from DFW (Texas) to San Francisco

05/28/04: John on board China Airlines from San Francisco to Taipei

05/29/04: John on board China Airlines from Taipei to Manila; I met him at the

NAIA (Ninoy Aquino International Airport); the rest IS magic! We became

more in love!

05/30/04: We got engaged! The remaining 3 days were full of good memories and still

crystal clear for me

06/03/04: John left for Taipei on board China Airlines; reached LA then DFW same

day; I miss my honey; we both wait for the approval of my annulment

petition (series of court hearings and procedures; constant follow-up to

expedite the process; delays because of holidays, official leaves of

court personnel, etc; judge is meticulous, no short-cuts) ; John had been

very supportive and is still.

03/23/06: Regional Court Decision out: Declaring absolute nullity of my marriage.

We were very happy! The long wait was over! Actually, the decision/resolution

made was dated February 23, 2006. It took a month for editing, finalization,

etc by the court stenographers, clerk of court, etc.

Upon receipt of the Decision, I flew to Manila (I’m from Iloilo City) and

personally hand-carried the Decision to the Solicitor-General (was

praying Sol-Gen won’t object to the decision; RTC’s give 15 days for

Sol-Gen to appeal)

04/07/06: No appeal from Solicitor-General. RTC recorded the decision in the Book of

Entries of Judgment (as final and executory). Entry of Judgment signed by

the Clerk of Court. This was then forwarded to Local Civil Registrar.

Annotation was done to my Marriage Certificate. Submitted the Annotated

(with Annulment Remarks) Marriage Certificate to NSO (National Statistics Office)

for authentication and on SECPA (Security Paper). I got my SECPA annotated

marriage certificate after 3 weeks.

04/10-16: Holy Week; no office

04/17/06: Submitted requirements to RTC for issuance of Annulment Decree

04/18/06: Got my Decree of Declaration of Nullity of Marriage (annulment process

took 1 year and 10 months from filing of petition to getting the decree)

Sent remaining pertinent documents to John needed for the K1 petition.

Both of us were elated!

04/22/06: John sent I-129F to Texas Service Center

04/25/06: I-129F received at California Service Center (Fr. TSC)

05/01/06: NOA1

06/23/06: email notification re: IMBRA RFE sent from CSC

06/30/06: John received IMBRA RFE (snail mail)

07/05/06: John sent IMBRA RFE reply to CSC

07/17/06: email notification from USCIS re: receipt of IMBRA RFE reply

[jo&john 1]

Still no NOA2...my daughter's clock is ticking...Praying that USCIS wakes from deep slumber and gives ours within the week