K2 Question

[Andie 147]

If the petition for a K1/K2 goes to USCIS before the 21st birthday of the K2 (who is soon to age out), will USCIS approve the K2... assuming all documents are okay?

Will the Embassy issue the visa regardless of the birthdate?

I'm wondering if it is possible for the K2 to be approved under these circumstances and be allowed to enter the US for 90 days since by the date of travel she will have aged out and whether she would therefore be able to enter the US but not be able to adjust status and instead leave before the 90 days is up?

Edited July 29, 2011 by Andie

[StvM 1]

If the petition for a K1/K2 goes to USCIS before the 21st birthday of the K2 (who is soon to age out), will USCIS approve the K2... assuming all documents are okay?

Will the Embassy issue the visa regardless of the birthdate?

I'm wondering if it is possible for the K2 to be approved under these circumstances and be allowed to enter the US for 90 days since by the date of travel she will have aged out and whether she would therefore be able to enter the US but not be able to adjust status and instead leave before the 90 days is up?

Hi. I'm in the same situation with K2. What I've learned so far - it will be very tough. She needs to enter USA before 21st birthday, her visa will expire on that day. Embassy will issue a visa up until 21st birthday. If date passes by, and she reaches age of 21 - visa will not be issued (and in my personal opinion, even tourist visa will be almost impossible to get, because of earlier application for K-2). There are only few avenues after that. One of them is for her mother to petition for her.

If, by chance, she enters USA on K-2, even on day of her 21st birthday, she CAN adjust. Don't listen to anyone here, telling you differently. Even if USCIS local office rejects adjustment, courts (and BIA) most of time overturn this decision, and let person to adjust.

http://www.aila.org/Content/default.aspx?docid=30587 There is a lot to read about aging out.

Edited July 30, 2011 by StvM

[Andie 147]

Hi. I'm in the same situation with K2. What I've learned so far - it will be very tough. She needs to enter USA before 21st birthday, her visa will expire on that day. Embassy will issue a visa up until 21st birthday. If date passes by, and she reaches age of 21 - visa will not be issued (and in my personal opinion, even tourist visa will be almost impossible to get, because of earlier application for K-2). There are only few avenues after that. One of them is for her mother to petition for her.

If, by chance, she enters USA on K-2, even on day of her 21st birthday, she CAN adjust. Don't listen to anyone here, telling you differently. Even if USCIS local office rejects adjustment, courts (and BIA) most of time overturn this decision, and let person to adjust.

thanks for your reply... I'm the mother and beneficiary. I knew about the arrival before 21st birthday but we had a problem with our petition and it was denied owing to lack of some information (no RFE). We wondered if they would still process our new petition prior to her birthday and issue a visa even though she will age out before she arrives. So are you saying she will not be able to enter the US on the K2 if she has turned 21. We thought there was a possibility of her being able to stay the 90 days but not adjust status.

[StvM 1]

thanks for your reply... I'm the mother and beneficiary. I knew about the arrival before 21st birthday but we had a problem with our petition and it was denied owing to lack of some information (no RFE). We wondered if they would still process our new petition prior to her birthday and issue a visa even though she will age out before she arrives. So are you saying she will not be able to enter the US on the K2 if she has turned 21. We thought there was a possibility of her being able to stay the 90 days but not adjust status.

I wish you best of luck on this journey. It also would not hurt to ask USCIS in writing to expedite this case. I know, I know... there going to be some people writing "USCIS will not expedite for this reason..." and such... But just write about your previous application denial, explain your situation, and mail it by express or similar mail. Write in bold letters "EXPEDITE REQUEST" on envelope. There is nothing to loose, except money for postage. If it doesn't get expedited - it will proceed with normal course, but at least you will know, that you tried.

[Andie 147]

I wish you best of luck on this journey. It also would not hurt to ask USCIS in writing to expedite this case. I know, I know... there going to be some people writing "USCIS will not expedite for this reason..." and such... But just write about your previous application denial, explain your situation, and mail it by express or similar mail. Write in bold letters "EXPEDITE REQUEST" on envelope. There is nothing to loose, except money for postage. If it doesn't get expedited - it will proceed with normal course, but at least you will know, that you tried.

Yes I think it is probably impossible then. It was going to be close anyway... we didn't discover VJ until after we sent the petition and didn't know the time frames of the process. We will do all we can. Thanks again you have been very helpful... all the very best with your journey also.

[payxibka 10,047]

If the petition for a K1/K2 goes to USCIS before the 21st birthday of the K2 (who is soon to age out), will USCIS approve the K2... assuming all documents are okay?

Will the Embassy issue the visa regardless of the birthdate?

I'm wondering if it is possible for the K2 to be approved under these circumstances and be allowed to enter the US for 90 days since by the date of travel she will have aged out and whether she would therefore be able to enter the US but not be able to adjust status and instead leave before the 90 days is up?

USCIS does not approve K-2s the US Consulate's do. My guess is that even if a visa is approved, the validity of the K-2 would be set to expire on the 21st birthday not the normal 6 mos..