K-2 over 21

[Fanny 0]

Entered the US from China with K-2 visa, accompany of my mother with K1. Arrived US one day before my 21 birthday, three days after the the interview and approval of K-1 and K-2 visas. Mother married within 90 days and we both applied for 485 AOS and ead.

We had our interview a few days ago and mother was approved, received certified letter yesterday deny my application because I was over 21 at time of marriage. and my ead will be revoked, have not worked in US to date, 18 days to appeal ead, no mention of appeal for AOS.

Not sure what to do, want to stay with mother in US.

[I'm Gone 60]

Entered the US from China with K-2 visa, accompany of my mother with K1. Arrived US one day before my 21 birthday, three days after the the interview and approval of K-1 and K-2 visas. Mother married within 90 days and we both applied for 485 AOS and ead.

We had our interview a few days ago and mother was approved, received certified letter yesterday deny my application because I was over 21 at time of marriage. and my ead will be revoked, have not worked in US to date, 18 days to appeal ead, no mention of appeal for AOS.

Not sure what to do, want to stay with mother in US

See an immigration attorney ASAP.

[desert_fox 32]

You aged out, and there is no legal authority to give you a visa.

[diadromous mermaid 36]

You aged out, and there is no legal authority to give you a visa.

Fox,

"visa" was issued. The K-2 used it to enter. Status is another thing. I'm not sure this is a case of "aging out", either. Somehow the K-2's status is derived from the K-1. Girona has been dealing with a similar issue. She may have something to add, here.

[sjoefl01 1]

I vote for the lawyer also!

[desert_fox 32]

You aged out, and there is no legal authority to give you a visa.

Fox,

"visa" was issued. The K-2 used it to enter. Status is another thing. I'm not sure this is a case of "aging out", either. Somehow the K-2's status is derived from the K-1. Girona has been dealing with a similar issue. She may have something to add, here.

ooops// youre right. There is no legal authority to adjust your status.

'

[Fanny 0]

The case was expedited in China because my mother’s husband emailed the consulate that I would soon be 21, the Consulate told me I had to pass through the port of entry before my birthday or I would not be allowed to enter, so the rush to get here. Said nothing about my mother marrying before I turned 21, which was the day after my arrival.

[kc456 0]

I suspect that being able to enter the country and adjust status are two different things. Age-out issues are complicated, and I've only seen one member of this forum go through it. Your best bet is probably to consult an immigration attorney. You can also send a private message to Girona -- she's the person who was dealing with a similar issue.

[Peggy 1]

Good luck to you.

[diadromous mermaid 36]

You aged out, and there is no legal authority to give you a visa.

Fox,

"visa" was issued. The K-2 used it to enter. Status is another thing. I'm not sure this is a case of "aging out", either. Somehow the K-2's status is derived from the K-1. Girona has been dealing with a similar issue. She may have something to add, here.

ooops// youre right. There is no legal authority to adjust your status.

'

Fox,

Sarcasm should be put aside on this one. This is a complex issue and one that is often misinterpreted by AOs and USCIS at times.

My point was, as far as I can see, from what I have read...

The 'age out' does not apply to K-2's at the adjustment phase. Age out applies to the K-2 visa petition, the issuance of the visa and the entry as a K-2 non-immigrant. In so far as age is concerned with regard to a K-2, the "law" (and the regulations that spell out the law) requires only that the K-2 uses the visa prior to age 21 years, and that the K-1 (through whom the K-2 derives benefit) marries the USC petitioner within 90 days. That is it.

Further, CSPA (and the provision to avoid age out) applies to adjustments made under Section 204, but K-2s don't fall under 204, if I am not mistaken their adjustment is under Section 214.

Edited February 20, 2006 by diadromous mermaid

[TracyTN 237]

Fanny,

I would PM or email Girona40. She is going through almost the exact same thing with her son.

Regards,

Tracy

[desert_fox 32]

You aged out, and there is no legal authority to give you a visa.

Fox,

"visa" was issued. The K-2 used it to enter. Status is another thing. I'm not sure this is a case of "aging out", either. Somehow the K-2's status is derived from the K-1. Girona has been dealing with a similar issue. She may have something to add, here.

ooops// youre right. There is no legal authority to adjust your status.

'

I wasnt being sarcastic. She has already been to her interview and has been denied. She relied on some bogus information. The Child protective act saves children from aging out if the petition is submitted by a USC. Their aging stops when the AOS petition is submitted. They apply some kind of formula to petitions submitted by aliens, as in this case. I dont understand the formula and how it is applied, but you can see it on the USCIS site somewhere. Just see a lawyer to have it ecplained to you.

Fox,

Sarcasm should be put aside on this one. This is a complex issue and one that is often misinterpreted by AOs and USCIS at times.

My point was, as far as I can see, from what I have read...

The 'age out' does not apply to K-2's at the adjustment phase. Age out applies to the K-2 visa petition, the issuance of the visa and the entry as a K-2 non-immigrant. In so far as age is concerned with regard to a K-2, the "law" (and the regulations that spell out the law) requires only that the K-2 uses the visa prior to age 21 years, and that the K-1 (through whom the K-2 derives benefit) marries the USC petitioner within 90 days. That is it.

Further, CSPA (and the provision to avoid age out) applies to adjustments made under Section 204, but K-2s don't fall under 204, if I am not mistaken their adjustment is under Section 214.

[diadromous mermaid 36]

You aged out, and there is no legal authority to give you a visa.

Fox,

"visa" was issued. The K-2 used it to enter. Status is another thing. I'm not sure this is a case of "aging out", either. Somehow the K-2's status is derived from the K-1. Girona has been dealing with a similar issue. She may have something to add, here.

ooops// youre right. There is no legal authority to adjust your status.

'

I wasnt being sarcastic. She has already been to her interview and has been denied. She relied on some bogus information. The Child protective act saves children from aging out if the petition is submitted by a USC. Their aging stops when the AOS petition is submitted. They apply some kind of formula to petitions submitted by aliens, as in this case. I dont understand the formula and how it is applied, but you can see it on the USCIS site somewhere. Just see a lawyer to have it ecplained to you.

Fox,

Sarcasm should be put aside on this one. This is a complex issue and one that is often misinterpreted by AOs and USCIS at times.

My point was, as far as I can see, from what I have read...

The 'age out' does not apply to K-2's at the adjustment phase. Age out applies to the K-2 visa petition, the issuance of the visa and the entry as a K-2 non-immigrant. In so far as age is concerned with regard to a K-2, the "law" (and the regulations that spell out the law) requires only that the K-2 uses the visa prior to age 21 years, and that the K-1 (through whom the K-2 derives benefit) marries the USC petitioner within 90 days. That is it.

Further, CSPA (and the provision to avoid age out) applies to adjustments made under Section 204, but K-2s don't fall under 204, if I am not mistaken their adjustment is under Section 214.

Fox,

Once again I think you're mixing up what I am saying. The OP did not rely on bogus information at all. USCIS relied on bogus interpretation of the law, and that is what needs to be cleared up. I agree an expert in immigration is needed to appeal the denial. The average immigration attorney may not be able to articulate the law as it was meant to be followed. I'd recommend that she focus her search for a lawyer who understands, inherently, that k2s don't "age out" like immediate relatives do, and that "age out" pertains to the visa, alone.

[Fanny 0]

Dear friends, I will try to talk with an immigration lawyer tomorrow. Because today is a holiday also. It’s so terrible….really thanks for your helps!

Edited February 20, 2006 by Fanny

[sjoefl01 1]

Please be very careful when choosing the lawyer. There are some real idiots out there.

I see the local office is Fresno. Does anybody know any credible attornies in Fresno?

Edited February 20, 2006 by sjoefl01