K2 Questions

[Gary and Alla 3,694]

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?

Itr would be best if she had the green card in hand before age 21. The law states "fled before 21st birthday" Read the pinned topic in the K-1 forum on my discussions with the VSC director on this matter.

After all I have checked into I would advise this...

Get her here, marry her mother and file BOTH AOS before her 21st birthday and then do not let her leave until she has her green card in hand, in other words, forget about an AP (I-131) for her. Too risky. If she gets an I-131, leaves the country and then has a problem which requies appeals, etc., she is out of the country and cannot return. If she is here, she can stay while it is sorted out. You are cutting this very close to the edge (not your fault...just a fact) and you do not need to be taking any chances or delaying anything

[Gary and Alla 3,694]

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.

Good advice from Payixbka, Pushbrk and Jim. In general, though Jim is correct in what he says, IF the AOS is filed before age 21 and an expedite requested, they will do this. There have been a few cases of K-1s being denied for aging out during the process (filed before age 21 but turned 21 before green card issued) and in the court cases which were pursued USCIS was over-ruled and the green cards issued because of specific circumstances.

1. Don't count on it

2. Who the heck wants to do this?

If you can get her here before August, do so. Make sure to ask for an expedite in your cover letter and write "Possible Age Out" on the envelope. Be SURE she has ALL her vaccines and documentation of this before she goes for her medical exam, you do not need any delays and RFEs.

This is something you are going to have to prioritize and do what is necessary to accomplish. That means if she can get here in July but has to miss out the last few weeks of summer with her friends...oh well. Life is a b1tch and then you die.

[tom&tanya 48]

Life is a b1tch and then you die.

True that!

They are both ready, it's up to VSC .... When I factor in all the average waiting times I come up with August.

[esperanza Ecuador 0]

Extremely helpful thread, VJ advisors, and thank you. I have a future stepson coming and he is going on 19 and a half. Interview will likely be in June, but Ecuador has a tendency to automatically request a DNA test, which will take a few extra months before POE. He is a medical student, and is debating returning to finish his undergraduate work. I'm completely unsure on how this would transfer to a Bachellor's, so if anyone has tips on that feel free to email me...

He will likely be 20 by the time he gets here, so once again, thanks for the advise to stay and get the green card in hand before reaching 21. I'm still confused as to why he couldn't go for AOS, get AP, and leave right after that but before the green card.

Stephanie

[Gary and Alla 3,694]

Extremely helpful thread, VJ advisors, and thank you. I have a future stepson coming and he is going on 19 and a half. Interview will likely be in June, but Ecuador has a tendency to automatically request a DNA test, which will take a few extra months before POE. He is a medical student, and is debating returning to finish his undergraduate work. I'm completely unsure on how this would transfer to a Bachellor's, so if anyone has tips on that feel free to email me...

He will likely be 20 by the time he gets here, so once again, thanks for the advise to stay and get the green card in hand before reaching 21. I'm still confused as to why he couldn't go for AOS, get AP, and leave right after that but before the green card.

Stephanie

Well, since we are talking about foreign educations...

Google "ECE". These people will do accredited evaluations of foreign diplomas and educations. Alla's master's was given full face value in the USA. As a rule, former Soviet Republic educations have been accepted at full value in the US. I do not know about South American countries at all. I do know that FSU doctors need to go through some addtional education and certification here, but not exactly what. Alla was a certified teacher in Ukraine, her education is accepted here, but she needed additional classes to be certified here, plus student teaching which she is doing now.

There is nothing wrong with filing AOS, getting an AP and leaving the country. BUT if the child has a potential age out problem, and he is out of the country on an AP when this happens, he is OUT. The AP is derivitive of the AOS and if the AOS is denied, the AP is dead and cancelled. Good luck with that. Anyone who is pushing that line would be very foolish to leave the USA during the process. What happens if an RFE delays the process, the child ages out and they deny the AOS? You can appeal, of course, and in the meantime the chilkd can wait outside the USA. If the child is here, they can remain as they appeal.

Our son got an AP before he got his green card and had a "way back" either way, BUT he was 18 when we filed and had three years before he aged out. Entirely different than having 3 MONTHS until age out. As it is, a normal K2 AOS can take 6-8 months. Maybe more, maybe less. In our case it was 7 weeks, again it was a K2 to follow and Alla already had her green card. Anyone ouching the age out does not have the "K2 to follow" option

If the child in your case is closing in on age out (they are) and Ecuador is known for demanding DNA tests, then get a DNA test now and have it ready for the interview. I would check with the Latin American forum and make sure you DO anything that could possibly be a problem. You do not need delays

[tom&tanya 48]

I called the USCIS this morning and found out possible "age-out" is a valid reason to ask for an expedite. I made the request and have a request number (or whatever they call it) I'll let everyone know the outcome of this, it might be helpful to others in this situation.... Heck, it's worth a try. "nothing ventured, nothing gained!"

[Gary and Alla 3,694]

I called the USCIS this morning and found out possible "age-out" is a valid reason to ask for an expedite. I made the request and have a request number (or whatever they call it) I'll let everyone know the outcome of this, it might be helpful to others in this situation.... Heck, it's worth a try. "nothing ventured, nothing gained!"

This should be interesting. The only expedites we have seen so far on K-1s is for servicemen being deployed to combat areas. in general, K-1s are not eligible for expedites at all.

I will be interested to see if it pans out.

I know they do seem to make an effort to expedite an AOS process for age out, but have not seen it for a K-1 visa.

[tom&tanya 48]

Well ... As expected the expedite was denied. I hope the the AOS process will grant me an expedite when the time comes.

USCIS answer:

Your USCIS Account Number (A-number):

-- Information not available

Type of service requested:

-- Expedite

The status of this service request is:

This expedite request is denied.

Please note that an approved expedite request must meet one of the following criteria:

Humanitarian

Extreme Emergency

Severe Financial Loss

Service Error (Does not apply to data entry errors)

[raymaga 25]

For my K-2 daughter (follow-to-join), I had all her AOS paperwork completed before she even entered the U.S., so that I could mail the package right after she entered.

If you can get all or most of both your fiance and step-daughter's AOS paperwork completed in advance, you will cut off a lot of time waiting for their GC's.

Good luck.

[tom&tanya 48]

OK ... Here is another crazy little problem with this K-2! :

Since my fiancées daughter has been here previously on a "J" visa, according to the DS-230 part2, she is NOT eligible for a K visa because she has not fulfilled the 2 year foreign residency requirement!! I called the State Dept and they said I need to file a DS-3035 (Waiver of 2 year residency) right now and have it in hand at the interview in Kiev. Of course it's another $250.00 out of pocket and even more waiting, (which I don't have the luxury of!) Any comments or help on this?

Thanks!

Tom

[tom&tanya 48]

Here is the last(I hope)entry on this K-2 topic. I finally got a copy of my fiancées daughter J-1 visa and it says: "Bearer is not subject to section 212(E). Two year rule does not apply (Ukraine)" So... this means she CAN get the K-2 visa without an additional waiver!