Calling all K-2 AOSers - past and present

[kjmel38 1]

I don't know about Indianapolis, but in many cities there are Application Service Centers (ASC) where the biometrics are taken, and a different USCIS office where the interviews are held. Each office operates on it's own schedule. My wife and kids went to an ASC in Oakland for their biometrics, but we had to go to the USCIS office in San Francisco for the interview. They don't do any interviews at the ASC.

Part of the biometrics process is collection of fingerprints. Those are needed for criminal background checks, and those checks must be completed before AOS can be approved. It's actually to your advantage to submit the fingerprints and get those checks out of the way before the interview. If the background checks aren't completed when you go to the interview then they'll delay the approval of the AOS.

Jim ,

My Son interview yesterday went well, the IO is quiet friendly, He even didn't ask any more Papers to submit , He just review all the paers that are in his Table, and after they let us 3 Stand together make an Oath to be a lawful residence of USA. He approved his Green Card and we will have it soon in 2 weeks he said , just thougth i share to you the result of his interview & to thank you too.

Kjmel38

[JimVaPhuong 4,863]

Jim ,

My Son interview yesterday went well, the IO is quiet friendly, He even didn't ask any more Papers to submit , He just review all the paers that are in his Table, and after they let us 3 Stand together make an Oath to be a lawful residence of USA. He approved his Green Card and we will have it soon in 2 weeks he said , just thougth i share to you the result of his interview & to thank you too.

Kjmel38

Congrats!

[kjmel38 1]

Congrats!

Great!! Thanks Jim My son Green Card is with him already , we recieved it last May 26,2011.

kjmel38

[writers 1]

Thanks for this thread! It sure is very helpful. I have a quick question -- I came in on K-1 and my children on K-2 (one just turned 11 on June 3rd and one is 5). I got our NOAs and for some reason, my 11 year old was assigned his own Alien# and my 5 year old is now the same as mine. Before filing for AOS, I was the only one with an A#. Upon reading this thread, I'm starting to think that my 11 year old will be over 14 by the time he is eligible for naturalization, that's why he now gets his own A#... I'm not sure though, if this this the case... Thoughts, anyone? Thanks a lot in advance!!

[JimVaPhuong 4,863]

Thanks for this thread! It sure is very helpful. I have a quick question -- I came in on K-1 and my children on K-2 (one just turned 11 on June 3rd and one is 5). I got our NOAs and for some reason, my 11 year old was assigned his own Alien# and my 5 year old is now the same as mine. Before filing for AOS, I was the only one with an A#. Upon reading this thread, I'm starting to think that my 11 year old will be over 14 by the time he is eligible for naturalization, that's why he now gets his own A#... I'm not sure though, if this this the case... Thoughts, anyone? Thanks a lot in advance!!

I don't think so. I've never heard of alien's sharing the same A#. My step kids each got their own numbers, but they were both over 18. Maybe someone else with young K2's can chime in about their experience.

[sunandmoon 450]

Thanks for this thread! It sure is very helpful. I have a quick question -- I came in on K-1 and my children on K-2 (one just turned 11 on June 3rd and one is 5). I got our NOAs and for some reason, my 11 year old was assigned his own Alien# and my 5 year old is now the same as mine. Before filing for AOS, I was the only one with an A#. Upon reading this thread, I'm starting to think that my 11 year old will be over 14 by the time he is eligible for naturalization, that's why he now gets his own A#... I'm not sure though, if this this the case... Thoughts, anyone? Thanks a lot in advance!!

my daughter was also 11 years old and she has her own A#. one thing to remember, after ROC and the 11 year old, then over 13 year old , receives their 10 year green card, it will need to be replaced when turning 14 years old.

[RandyW 149]

Regarding K-2's who make the mistake of having a 21st birthday while waiting for AOS adjudication, a ruling from the BIA may change all that

Someone finally sorted through all the legal jargon

we concluded that the alien fiancé(e) parent establishes visa eligibility and availability in satisfaction of section 245(a) of the Act at the time of admission to the United States with the K-1 nonimmigrant visa, provided that he or she enters into a bona fide marriage with the fiancé(e) petitioner within 90 days. The alien’s admission to the United States was selected as the appropriate date to establish eligibility for adjustment.

Thus, the two conditions for adjustment of status pursuant to former section 214(d) of the Act, under which alien fiancé(e)s and their derivative children

adjusted their status prior to 1986, were that the marriage between the petitioner and the alien fiancé(e) had to occur within 3 months of the alien’s Cite as 25 I&N Dec. 541 (BIA 2011) Interim Decision #3719 546 admission and that the applicants had to be otherwise admissible at the time of adjustment. As we observed in Matter of Sesay, the purpose of the IMFA was not to alter this process, but was, instead, to address the problem of marriage fraud. Id. at 437. Accordingly, we looked to the prior law to inform us as to how these nonimmigrants can establish immigrant visa eligibility and availability for purposes of section 245(a). Consistent with our analysis in Sesay, we now conclude that the derivative child of an alien fiancé(e) also satisfies these requirements at the time of admission to the United States with the K-2 nonimmigrant visa, conditioned on the timely, bona fide marriage of the alien fiancé(e) parent to the United States citizen petitioner. Id. at 440.

A BIA (Board of Immigartion Appeals) decision should pretty well be binding on the USCIS, hopefully effective immediately.

The two points I've highlighted were blatantly disregarded by the USCIS in all the over-21 denials.

http://www.justice.g.../vol25/3719.pdf

the new determination would be made at the time of admission, as per "prior law"

we conclude that the age

of the derivative child at the date of admission is controlling

we find that a K-2 derivative child of a fiancé(e) visa holder must establish visa eligibility and availability in satisfaction of section 245(a) at the time of his or her admission to the United States.

BIA decisions are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts.

http://www.justice.g...oir/biainfo.htm

Edited June 24, 2011 by walserr

[JimVaPhuong 4,863]

Regarding K-2's who make the mistake of having a 21st birthday while waiting for AOS adjudication, a ruling from the BIA may change all that

Someone finally sorted through all the legal jargon

A BIA (Board of Immigartion Appeals) decision should pretty well be binding on the USCIS, hopefully effective immediately.

The two points I've highlighted were blatantly disregarded by the USCIS in all the over-21 denials.

http://www.justice.g.../vol25/3719.pdf

the new determination would be made at the time of admission, as per "prior law"

http://www.justice.g...oir/biainfo.htm

Both of your links are broken. Please provide the correct links. I'm very interested in this subject.

[RandyW 149]

Both of your links are broken. Please provide the correct links. I'm very interested in this subject.

Sorry about that - the ellipses crop in sometimes when you cut and paste. This link works, even though the text displays the ellipsis.

http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

The second link simply shows the authority that the BIA has over USCIS

http://www.justice.gov/eoir/biainfo.htm

Edited June 24, 2011 by walserr

[writers 1]

I don't think so. I've never heard of alien's sharing the same A#. My step kids each got their own numbers, but they were both over 18. Maybe someone else with young K2's can chime in about their experience.

Thanks for this info...

[writers 1]

my daughter was also 11 years old and she has her own A#. one thing to remember, after ROC and the 11 year old, then over 13 year old , receives their 10 year green card, it will need to be replaced when turning 14 years old.

Thanks sunandmoon!

Anyone out there who has a younger child on K-2? Thanks...

[JimVaPhuong 4,863]

Sorry about that - the ellipses crop in sometimes when you cut and paste. This link works, even though the text displays the ellipsis.

http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

The second link simply shows the authority that the BIA has over USCIS

http://www.justice.gov/eoir/biainfo.htm

Thanks much! Fascinating stuff!

BIA decisions like this usually result in policy changes with USCIS. We should be watching for a corresponding change to the Field Adjudicators Manual. After that, maybe we can get SunDrop to update the CSPA section of the second post in this thread.

Good work!

[Enigma11561 336]

To all. I posted this in another thread but to be sure that all read it...my step son, who was in limbo for the last 2 months or so received his NOA congratulating him on his green card approval. I hope this BIA ruling now helps all the others as well.

[bolin786 21]

I am glad you are starting this thread which I feel it is very much needed. I just posted a topic about AOS deadline and it is very much related to my wife's daughter K-2 visa application. You can read the post and please submit your input.

thanks,

bolin786

[Sarah&Michael 2]

Do K-2 need ALL the forms separately except I-864? Thanks!