K2 Questions

[tom&tanya 48]

My Fiancee's 20 year old daughter is in University and wants to finish school in Ukraine. She will be coming to the US with Tanya (hopefully in August). After she receives here green card she intends on returning to Ukraine. Does any one have any experience concerning this? Is it allowed by immigration? Do we need some kind of special permission for this so she doesn't lose her permanent resident status? -- thanks!

[payxibka 10,047]

My Fiancee's 20 year old daughter is in University and wants to finish school in Ukraine. She will be coming to the US with Tanya (hopefully in August). After she receives here green card she intends on returning to Ukraine. Does any one have any experience concerning this? Is it allowed by immigration? Do we need some kind of special permission for this so she doesn't lose her permanent resident status? -- thanks!

VJ member Gary and Alla did this with a university bound student... Hopefully he will be by

When will she turn 21? I'd be very afraid of "aging out" when it comes to the GC

Edited March 17, 2010 by payxibka

[tom&tanya 48]

VJ member Gary and Alla did this with a university bound student... Hopefully he will be by

When will she turn 21? I'd be very afraid of "aging out" when it comes to the GC

She will be 21 November 22. That's why I have some concern, because i want to make sure she gets her K-2 and permanent status before that date. Then I thinking she can go back to Ukraine and continue her studies without worry. -- Am I right? --- Thanks for the help!

(sorry about the typo's!)

[payxibka 10,047]

She will be 21 November 22. That's why I have some concern, because i want to make sure she gets her K-2 and permanent status before that date. Then I thinking she can go back to Ukraine and continue her studies without worry. -- Am I right? --- Thanks for the help!

(sorry about the typo's!)

That is cutting it way close if they are not arriving until August... AOS can be a finicky process with it taking anywhere from 3-7 mos. typical (though things have sped up a little)...

and yes, Gary's son is studying in Moscow (I think)... He would be a good source

Edited March 17, 2010 by payxibka

[tom&tanya 48]

That is cutting it way close if they are not arriving until August... AOS can be a finicky process with it taking anywhere from 3-7 mos. typical (though things have sped up a little)...

and yes, Gary's son is studying in Moscow (I think)... He would be a good source

I know, but what can I do....?! Tanya's daughter has been to the States before with a J visa and has a social security number so I'm hoping that will help. (I am basing this hope on nothing by the way )

[payxibka 10,047]

I know, but what can I do....?! Tanya's daughter has been to the States before with a J visa and has a social security number so I'm hoping that will help. (I am basing this hope on nothing by the way )

Help in what way? For AOS? not a chance... she will sit in the queue just like everyone else... and besides she needs to have mom's approved first anyway before hers can be approved.

[tom&tanya 48]

Help in what way? For AOS? not a chance... she will sit in the queue just like everyone else... and besides she needs to have mom's approved first anyway before hers can be approved.

I see. Well, I'm not going to fret over it because it's out of my control.

Thanks for the info, I really appreciate it.

[Gary and Alla 3,694]

My Fiancee's 20 year old daughter is in University and wants to finish school in Ukraine. She will be coming to the US with Tanya (hopefully in August). After she receives here green card she intends on returning to Ukraine. Does any one have any experience concerning this? Is it allowed by immigration? Do we need some kind of special permission for this so she doesn't lose her permanent resident status? -- thanks!

Yes, it is allowed. Our son is a student in Moscow and stays in Russia/Ukraine 10 months per year. IF he returns for the summer and maintains a US residency (address, drivers license, files taxes on our return right now, etc.) It is no problem per se. He comes here for the summer and visits our flat in Ukraine during short school breaks, but he is out of the US 10 months per year. Yes, we checked all this with USCIS before proceeding and have had no problems, in fact they seem to be very accomodating of students.

Read the other thread running in the Ukraine Portal right now about some details of AOS. And yes, what Payixbka said about turning age 21. Get that issue out of the way first. Our son is only 19 so it was not an issue for us. Get her here, get her green card and then she can go back for school.

[Gary and Alla 3,694]

She will be 21 November 22. That's why I have some concern, because i want to make sure she gets her K-2 and permanent status before that date. Then I thinking she can go back to Ukraine and continue her studies without worry. -- Am I right? --- Thanks for the help!

(sorry about the typo's!)

Yes, you are right about her returning to Ukraine. If you can possibly get her here before August that would be great. DO NOT DELAY the AOS process and you need to do BOTH at one time, she cannot get a green card before her mother. Get married ASAP ands send off the AOS immediatley, like within the first week and I am not kidding. It can be done easily if you prepare ahead of time. DO NOT let her leave the country until she has her green card in hand. I wouldn;t even go for an AP. If she has to miss a semester...oh well.

Having a former J visa and SSN will make no difference at all. None. Read the other thread in the Ukraine portal. Our son got his green card in 7 weeks BUT, BIG BUT....he was a K-2 to follow and Alla already had her green card, BIG difference. Her daughter green card is derivitive of hers, so if she is waiting to be approved...her daughter waits to be approved. If she is already approved, her daughters can go through very quickly. You do not have that option given the daughters age.

[tom&tanya 48]

I was under the impression (wrongly it seems) that if Tanya's daughter came with the K-2 visa and was under 21 at the time the visa was issued, the fact that she turned 21 after was not a problem. So let me get this right: She needs to have the green card before she turns 21, not the K-2 visa before she turns 21?

[payxibka 10,047]

I was under the impression (wrongly it seems) that if Tanya's daughter came with the K-2 visa and was under 21 at the time the visa was issued, the fact that she turned 21 after was not a problem. So let me get this right: She needs to have the green card before she turns 21, not the K-2 visa before she turns 21?

Visa issuance is not what it is based on because you are applying for a K-2 visa ( a non-immigrant visa) and at that time of visa issuance, the applicant is not yet eligible for a permanent residency. CSPA may provide protection if the I-485 is filed before she ages out but I am not 100% certain on that issue.

Edited March 17, 2010 by payxibka

[JimVaPhuong 4,863]

I was under the impression (wrongly it seems) that if Tanya's daughter came with the K-2 visa and was under 21 at the time the visa was issued, the fact that she turned 21 after was not a problem. So let me get this right: She needs to have the green card before she turns 21, not the K-2 visa before she turns 21?

The Child Status Protection Act (CSPA) generally protects a child with a derivative immigrant visa from "aging out" if their AOS petition is submitted before the child is 21. However, it only applies if the child is a derivative of an immigrant visa petition (I-130). This means that IR2/CR2 and K4 are generally protected by the act, but K2 applicants are not. The only exception is if a parent/step-child relationship is established between the petitioner and the child before the child is 18 (i.e., the petitioner marries the child's parent), in which case an I-130 can be filed for the child with the AOS petition. About the only way this could happen is if the child was originally a K2, the petitioner and K1 married before the child was 18, but didn't submit the AOS petition for the child until the child was almost 21.

http://www.uscis.gov/files/nativedocuments/CSPA_30Apr08.pdf

Eligibility has nothing to do with when the visa is issued. It has everything to do with when the AOS petition is submitted. When CSPA applies, then the AOS petition must be submitted before the child is 21. When CSPA does not apply (as in your case) then AOS must be approved before the child is 21.

[payxibka 10,047]

The Child Status Protection Act (CSPA) generally protects a child with a derivative immigrant visa from "aging out" if their AOS petition is submitted before the child is 21. However, it only applies if the child is a derivative of an immigrant visa petition (I-130). This means that IR2/CR2 and K4 are generally protected by the act, but K2 applicants are not. The only exception is if a parent/step-child relationship is established between the petitioner and the child before the child is 18 (i.e., the petitioner marries the child's parent), in which case an I-130 can be filed for the child with the AOS petition. About the only way this could happen is if the child was originally a K2, the petitioner and K1 married before the child was 18, but didn't submit the AOS petition for the child until the child was almost 21.

http://www.uscis.gov/files/nativedocuments/CSPA_30Apr08.pdf

Eligibility has nothing to do with when the visa is issued. It has everything to do with when the AOS petition is submitted. When CSPA applies, then the AOS petition must be submitted before the child is 21. When CSPA does not apply (as in your case) then AOS must be approved before the child is 21.

Thank you Jim, it is what I thought...

If the child does age out, then she will not be eligible for any future immigration benefits until such time as her mother becomes a US citizen. You as the USC step parent, are precluded from petitioning for her as you did not become her step parent before her 18th birthday

Edited March 17, 2010 by payxibka

[pushbrk 13,174]

Thank you Jim, it is what I thought...

If the child does age out, then she will not be eligible for any future immigration benefits until such time as her mother becomes a US citizen. You as the USC step parent, are precluded from petitioning for her as you did not become her step parent before her 18th birthday

USCIS tends to be cooperative in expediting AOS in potential age out cases, so make certain you call the need to their attention and request an expedite.

[tom&tanya 48]

I want to thank everyone again for the incredible wealth of knowledge, freely exchanged on this site!