Aging out K-2

[Rich and Lenochka 0]

Hi everyone,

I am the petitioner for my Ukrainian fiancee as well as her 20 year old son; her son is a student at USC (Los Angeles) and will turn 21 on August 12th.

I submitted my petition for K-1/K-2 on January 23 (NOA-1 dated January 25). Admittedly, the chance of an interview in Kiev happening before August 12th

is slim (but maybe not impossible).

I have heard it both ways on the "age out" question for my fiancee's son. If the interview is before August 12th and the visa(s) is/are granted, then will he

be denied based on the fact that his AOS will not be processed before he turns 21? Or will he get in under the wire, and the AOS processing may occur after

he turns 21?

Does anyone out there have any recent experience or knowledge about this?

Thanks for your help.

Rich

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Gary and Alla 3,694]

Hi everyone,

I am the petitioner for my Ukrainian fiancee as well as her 20 year old son; her son is a student at USC (Los Angeles) and will turn 21 on August 12th.

I submitted my petition for K-1/K-2 on January 23 (NOA-1 dated January 25). Admittedly, the chance of an interview in Kiev happening before August 12th

is slim (but maybe not impossible).

I have heard it both ways on the "age out" question for my fiancee's son. If the interview is before August 12th and the visa(s) is/are granted, then will he

be denied based on the fact that his AOS will not be processed before he turns 21? Or will he get in under the wire, and the AOS processing may occur after

he turns 21?

Does anyone out there have any recent experience or knowledge about this?

Thanks for your help.

Rich

This question was more or less settled earlier in 2011.It was determned that if the K-2 was issued AND the beneficiary entered the US using that visa BEFORE they turned 21 then the AOS can occur after they turn 21. It was covered fairly well here in threads with links to the decisions. Do a forum search nad you will find the links.

[Gary and Alla 3,694]

Hi everyone,

I am the petitioner for my Ukrainian fiancee as well as her 20 year old son; her son is a student at USC (Los Angeles) and will turn 21 on August 12th.

I submitted my petition for K-1/K-2 on January 23 (NOA-1 dated January 25). Admittedly, the chance of an interview in Kiev happening before August 12th

is slim (but maybe not impossible).

I have heard it both ways on the "age out" question for my fiancee's son. If the interview is before August 12th and the visa(s) is/are granted, then will he

be denied based on the fact that his AOS will not be processed before he turns 21? Or will he get in under the wire, and the AOS processing may occur after

he turns 21?

Does anyone out there have any recent experience or knowledge about this?

Thanks for your help.

Rich

You may be able to get an expedited interview at the consulate for the age out. In Ukraine that is not going to save a lot of time, but maybe a couple weeks. An interview in August is not impossible at all. Maybe not likely, but there is a fair chance. When you get the NOA2, I would call the consulate and talk to the visa section chief and see what they can do.

Also keep in mind your fiancee needs to get her visa first or at the same time and she must enter the US first or at the same time. You cannt expedite JUST the son and put him on a plane by himself.

Edited March 5, 2012 by Gary and Alla

[Andie 147]

ote name='Rich and Lenochka' timestamp='1330901233' post='5199333']

Hi everyone,

I am the petitioner for my Ukrainian fiancee as well as her 20 year old son; her son is a student at USC (Los Angeles) and will turn 21 on August 12th.

I submitted my petition for K-1/K-2 on January 23 (NOA-1 dated January 25). Admittedly, the chance of an interview in Kiev happening before August 12th

is slim (but maybe not impossible).

I have heard it both ways on the "age out" question for my fiancee's son. If the interview is before August 12th and the visa(s) is/are granted, then will he

be denied based on the fact that his AOS will not be processed before he turns 21? Or will he get in under the wire, and the AOS processing may occur after

he turns 21?

Does anyone out there have any recent experience or knowledge about this?

Thanks for your help.

Rich

Basically it is the arrival into the US before turning 21, no longer the AOS being processed that is the determining date that will allow the K2 result. So long as he is in the US before turning 21 you are ok.

Edited March 5, 2012 by Andie

[Darnell 8,478]

to the OP:

Is possible to get an expedite at USCIS, at which ever service center the casefile is at:

You need to call in, tell the operator you want an ISO.

Once you get an ISO, tell him/her you need to request an expedite because of a potential K-2 age out problem.

You will then be given instructions on what to do to start the expedite - follow those instructions quickly and to the letter.

Good Luck !

Edited March 5, 2012 by Darnell

[Gary and Alla 3,694]

Basically it is the arrival into the US before turning 21, no longer the AOS being processed that is the determining date that will allow the K2 result. So long as he is in the US before turning 21 you are ok.

It also needs to be clarified that it is the arrival in the US by using the K-2 visa. The OP indicates the son is already in the US as a student, that does not count. Nor would it ocunt if the fiancee were from a VWP programcountry and her son just entered to "visit" The child MUST enter on a visa allowing adjustment to permanent resident.

The son, now in the US, will have to leave the US, go to the visa interview, get the K-2 visa and return to the US using the K-2 visa for entry BEFORE he turns 21.

[Andie 147]

It also needs to be clarified that it is the arrival in the US by using the K-2 visa. The OP indicates the son is already in the US as a student, that does not count. Nor would it ocunt if the fiancee were from a VWP programcountry and her son just entered to "visit" The child MUST enter on a visa allowing adjustment to permanent resident.

The son, now in the US, will have to leave the US, go to the visa interview, get the K-2 visa and return to the US using the K-2 visa for entry BEFORE he turns 21.

From the initial post it appears that has already been clarified.

[Rich and Lenochka 0]

Thank you, one and all, for the very helpful replies. I will call the California CSC, speak with an ISO, and see if this can be expedited.

Thanks again!

Rich

[Rich and Lenochka 0]

Phone call to USCIS...age out issue

I called the USCIS customer service number, made it through the phone tree to an operator, and requested an ISO.

The operator inquired as to the nature of my call, and I replied I would like to request expedition of a K-1/K-2 visa request.

She then said she would ask me a few questions (maybe she WAS the ISO?) and then my responses would be submitted to

an official who would decide the merit of my request, and I would be granted (or denied) my request within 5 days.

The guidelines for expedition of my case (now in NOA-1 status) are as follows. She asked me to listen carefully and pick

the case that most closely reflects my own:

1) Severe financial loss to individual

2) Extreme, emergent situation

3) Humanitarian

4) Non profit organization requesting for the cultural and social interests of U.S.

5) Dept. of Defense

6) USCIS error

7) medical

8) military deployment

9) Age out cases not covered under child status protection act

10) Loss of social security

I picked #9... and then the operator asked me why this is important. I hadn't really prepared myself to deliver a subjective essay, but I said that my future step-son is an excellent student, already in the U.S., and loves this country. He has been here three years and it is his dream to stay and be a productive member of our society. He would like to be able to work during the summer between school years, but cannot do that under the guidelines of his student visa. It is also important to keep the family intact, and that his mom (my future wife) and he are very close.

At this point the operator confirmed my contact information (email, phone number) and said the information would be reviewed soon, most likely within 5 days, and the request would be granted (or not). She said it is not necessary for me to call back in the event I have not heard back in 5 days, because sometimes it takes a few more days.

In retrospect I wish I would have been a little more polished when it came to the "essay", but overall I felt like I was making a solid request.

We shall see...

[Enigma11561 336]

Rich I think you did ok. You have about 6 months to have his interview. It is still possible. I would stay on top of this. As Gary had mentioned, once you have the NOA2 get on the phone with the consulate and ask about an expedited interview.Have all his papers (police report, medical) ready to go as soon as possible. You may be able to tell them you do not need to go through the packet 3/4 process as you did it before and are ready to go. Bottom line, he needs to be on U.S. soil by August 11.

[Gary and Alla 3,694]

Rich I think you did ok. You have about 6 months to have his interview. It is still possible. I would stay on top of this. As Gary had mentioned, once you have the NOA2 get on the phone with the consulate and ask about an expedited interview.Have all his papers (police report, medical) ready to go as soon as possible. You may be able to tell them you do not need to go through the packet 3/4 process as you did it before and are ready to go. Bottom line, he needs to be on U.S. soil by August 11.

Rich, this is the man on this issue. He had a similar situation that was even before the rules were clarified, so he has sweated it out.

Good luck with your expedited request, I am curious to see if you get it. They have been notoriously stingy about giving expedites for I-129f petitions but we shall see.

You chose the right reason. K-2s are not covered by the CSPA, if they were you would have no chance at a visa since the child needs to be under age 18 when you marry the mother. This is often why people with cases involving 18-20 year old children choose the K-1 route

[Darnell 8,478]

k-2 aqe outs are a valid reason for expedite at USCIS. Just saying .

It's a p|sser you not get any ISO, but lets see what happens, aye?

I've walked at least 6 folk through this now, here at VJ, with stuff headed to GUZ IV in China.

Rich is absolutely spot on about asking for another expedite at the IV unit - it's the same reason - potential K-2 age out.

Good Luck !

[Rich and Lenochka 0]

I am in a state of shock, I think. I just arrived home from work and checked my e-mail. This is what I found....

"The last processing action taken on your case

Application Type: I129F , PETITION FOR FIANCE(E)

Your Case Status: Post Decision Activity

On March 7, 2012, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Judging from what I have read here and elsewhere, this is something of a miracle. I mean, I only talked to the customer service person two days ago.

I know it isn't yet a done deal, but I feel like I have won the lottery. Or rather, we (the three of us) have won the lottery. Me, my fiancee, and her 20.7 year old son.

Thank you everybody for your help. Obviously, I would not have received this notification without your assistance. Especially Gary and Alla, Enigma11561, and Darnell.

Thank you all. I will certainly keep you posted.

Rich (Elena and Roman, too!)

[Enigma11561 336]

WOW !!!!!!!!!!! This is great news. Now..make sure your wife AND son are part of this approval. If he was listed as a K2 on her application then you both have been approved. His name should be on the notice, usually down in the left hand corner, as I recall. UDACHI !!!!!