delayed application of k2

[norbaj812 0]

anyone knows if applying for aos of my son's k-2 is still ok even after 3 years since he arrived?

[Hank_ 9,174]

anyone knows if applying for aos of my son's k-2 is still ok even after 3 years since he arrived?

Your question would do much better if moved to the AOS forum.

[JimVaPhuong 4,863]

anyone knows if applying for aos of my son's k-2 is still ok even after 3 years since he arrived?

How old is your son? How old was your son when you married the US citizen petitioner?

Here is the potential gotcha. A K2 can adjust status as a derivative of the K1. This means that if you adjusted status as a K1 beneficiary then your son is eligible to adjust status as a derivative of your status. However, both a K1 and K2 are subject to INA section 216, which means the K1 and K2 can only adjust to conditional permanent resident. If the marriage is more than two years old at the time the adjustment of status is approved then USCIS may deny adjustment of status based on the K1 petition, and require the US citizen spouse to submit an I-130 immigrant visa petition as a precondition to adjustment of status.

USCIS may require an I-130 before permitting your son to adjust status because of the length of time you've been married. If he was over 18 when you married then your husband isn't eligible to submit an I-130 on his behalf.

So, how old was your son when you married the US citizen petitioner?

[norbaj812 0]

How old is your son? How old was your son when you married the US citizen petitioner?

Here is the potential gotcha. A K2 can adjust status as a derivative of the K1. This means that if you adjusted status as a K1 beneficiary then your son is eligible to adjust status as a derivative of your status. However, both a K1 and K2 are subject to INA section 216, which means the K1 and K2 can only adjust to conditional permanent resident. If the marriage is more than two years old at the time the adjustment of status is approved then USCIS may deny adjustment of status based on the K1 petition, and require the US citizen spouse to submit an I-130 immigrant visa petition as a precondition to adjustment of status.

USCIS may require an I-130 before permitting your son to adjust status because of the length of time you've been married. If he was over 18 when you married then your husband isn't eligible to submit an I-130 on his behalf.

So, how old was your son when you married the US citizen petitioner?

[norbaj812 0]

Let me tell the circumstances, I arrived here july 2009 ,married August2009,got my conditional gc december 2009.My children followed me November of 2009 under k2 visa and he was then 17 years old.Due to financial difficulty we couldn't process their papers.So now he is alreay 20 years old this coming May 2012.Thanks for the response

[JimVaPhuong 4,863]

Let me tell the circumstances, I arrived here july 2009 ,married August2009,got my conditional gc december 2009.My children followed me November of 2009 under k2 visa and he was then 17 years old.Due to financial difficulty we couldn't process their papers.So now he is alreay 20 years old this coming May 2012.Thanks for the response

Ok, as long as you married the US citizen petitioner before your son was 18 then your husband could submit an I-130 petition for him. I suggest you get moving on this quickly. If he can't adjust status based on the K1 petition, which is possible because you've already removed conditions, then he wouldn't be able to adjust status based on an I-130 petition if he's over 21. A K2's age is locked when they enter the US, but if he's not eligible to adjust status as a K2 then he'd be adjusting status as an IR2, and his age would be locked when USCIS accepts the I-130 petition.

You could go ahead and submit his AOS package based on the K1 petition. USCIS could accept the application, cash your check, and then deny it because he can't adjust to conditional permanent resident. I would recommend skipping that, and go ahead and submit an I-130 petition with the AOS package. It will cost a little more, but it would lock his age as soon as the petition is received, and you wouldn't risk it being denied because of the INA 216 requirement.

[norbaj812 0]

Thanks for the response.let me see if i get what u just said, We will add I-130 to the K-2 AOS package?Becuase all the paperworks for the K2 AOS is finished.Are you saying we just have to add I-130 to it ?