Is there a special procedure if filing the AOS was delayed past the expiration date of the K2 visa for just cause?

[EZgoing378 0]

Hi, I am a bit confused on what status a K-2 visa holder has if the K-2 visa expires before he can file for his AOS for good reason. What I am getting at is it seems that they are in a sort of grey area (more likely I just don't have complete info). What I mean is that the purpose of the Visa is to gain entry into the U.S. My stepson has the same case number and A number as his mother but a valid reason made it impossible for him to file his I-485 before the expiration on his K-2 Visa. I am not sure that matters since that date is when he must use the visa to enter the U.S by. After he enters the U.S. he is referred to as a K-2 but of course this cannot go on forever. I am sure there is a time limit or if the expiration date of the K-2 visa is used, there must be a way to apply for the I-485 and include the explaination.

He entered the U.S. on Oct. 3, 2010. The visa expired Dec. 6, 2010. We enrolled him in school promptly and he needed some additional vaccinations. Unfortunately for us, some of the shots were boosters, and required additional boosters. Well, it would defeat the purpose of a booster if no time passed inbetween innoculations. So to make my long story longer, here we are March 9 and finally have all the shots. I will get the business with the civil surgeon done quick. I still have all the information from when we did my wife's I-485.

Now the big question. If I include proof that the delay was justified, showing the dates of the shots from the local health department. Is that good enough or do I have to perform some incredible feat. I really don't know what his status is now. I went for an infopass and explained this to the nice lady and asked "How long does a K-2 have from the entry date to file for the AOS, is there a date. In my case is there something special I need to do? To which she replied "You must file the I-485 ASAP from time of entry." I asked several different ways but she was stuck on that answer.

Can anyone help me?

[YuAndDan 153]

Note the K-2 expired the moment it was used to enter the USA, the visa's expiration date has nothing to do with when AOS needs to be filed by, it is only the last date I can be used to enter the USA.

K-2 cannot adjust status until the K-1 parent get's married, if K-1 married within 90 days of entry, simply file the K-2's AOS with the K-1 parent.

Of if K-2 is adjusting status after parent files, then file the K-2's I-485 with copy of parent's green-card, copy of birth cert+english translation, copy of I-129F approval notice, copy of parent's marriage cert, copy of I-94 card...

The overstay will be overlooked based on Parent marriage. Just file it ASAP

But to answer the question I-485 should be filed within 90 days of entry (Noted on the I-94 card) to avoid any out of status time.

Note K-2 will have no A# until USCIS assigns one during AOS processing, so answer is "none" for A#

I-485 part 2 will note "C" as basis for AOS

Edited March 9, 2011 by YuAndDan

[EZgoing378 0]

Thank you very much. That is what I thought but with USCIS I always make sure.

We wanted to be married close to a year before uprooting a 16 year old so he came on FTJ. I was lucky this problem came up because I didn't see anywhere in the K2 filing info (short version) that we use our original 864's. Nice.

We used the process you explained "Of if K-2 is adjusting status after parent files, then file the K-2's I-485 with copy of parent's green-card, copy of birth cert+English translation, copy of I-129F approval notice, copy of parent's marriage cert, copy of I-94 card...

"

So thank you very much again.

[Darnell 8,478]

the visa expiration date is the last date he can enter the USA,

and once he's here, that visa is invalidated, and instead, ya pay attention to the I-94 date -

but

since he's a K-2, there is NO REG for how long to wait for filing AOS.

NO REG, nothing in 9FAM, either.

File it as you can, asap-ish, though.