K1 visa problem w/ older K2

[Sisyphus 1]

In a recent topic I related info about my k1/2 situation. We do have some red flags, so I contacted a popular immigration attorney who is often mentioned on VJ, and a VJ member. He specializes in visas going through the HCMC and GUZ consulate.

I sent an email relating our relationship timeline. When I talked to the atty, (I think it's best not to mention his name) he recognized the red flag issues, recommended we marry in China and persue a CR1 visa. It seems he had not read my email. When I mentioned our issue of my fiancee's son (K2) being 19yo he made this comment -The Guangzhou consulate routinely denies K1 visas that have a K2 with age-out potential, they have been doing that for years-

This news is significantly discouraging for us, it seems there is little hope for a K1/2 based on this alone. One strategy recommended is that we wait for one year to file for K1, however that strategy leaves the young man without a derivative visa/path to GC. So we were considering a more limited wait, 6 mos maybe, then going forward. Of course this would cut it close on the K/2 AOS before 21yo.

So I guess I'm looking for some feedback on the atty view that K1/2 are usually denied because of the older K2.

Anyone go through the Guangzhou consulate for a K1/2, with a 19yo or older K2, in the last few years or so?

What was the result?

***Please do not move this topic to the China forum***

Edited October 19, 2010 by Sisyphus