K-2's and AAO's decision on adustment

[Girona40 0]

It's pretty honorable of your son not to want to marry under pretenses that could be construed as less than honorable. Having said that it would be insane for him not to take the easy route and have this all behind. Why would anybody put themselves through all of this ####### when they have an easy ticket out.

I am sorry but I still don't see why the supreme court would need to be called for a case that can be so easily resolved. Tell your son to marry the girl and get on with his life. The drama makes no sense.

The drama does indeed make no sense, but it is not of my son's making. He should not be placed in a situation where his only means to stay in this country is to marry before he is ready. Marriage is a huge commitment and one that should be made, in my opinion, only for honourable reasons, not simply as a means to end this injustice.

[RandyW 149]

Could you please post the full and complete text of the AAO denial decision, less any personal information?

We will be facing that situation soon, and would like to know what we will be up against.

[pj1959us 0]

Yes, there is a difference in the Preference Catagory when a sponsor changes from LPR to Citizen, but sometimes that is not always favourable.

Believe it or not, the waiting list for 1st Preference can be longer than 2nd Preference! I guess there are more citizens sponsoring their children on I-130's, I don't know. There is a provision contained within the CSPA for requesting that you do not automatically jump from Preference 2 to Preference 1. However, the CSPA does not cover, or afford its protection, to K-2's. Therefore, my becomming a citizen was something that actually made it worse for my son with regard to his I-130. Ponder that one for a moment!

The problem we also had, at the time I became a citizen, was that I have a daughter who was fast approachng 18. She was entitled to become a citizen, deriving that status from me, so long as she was still under 18. I became a USC because it was a means of saving her another 3 year wait before she could apply for citizenship on her own. At that time, we were hopeful that the USCIS would grant my son's I-485 appliction for AOS, not expecting them to deny him.

Well, you've certainly had your hands full!

Yes, my son can remain in this country while we continue to fight this denial, but think of the restrictions he has in his life because he is not an LPR. He has dealt with that for long enough and now, at the age of 24, he is looking at marriage and getting a mortgage to buy a home, but he is unable to do either. He is afaid to leave the US, in case they refuse to let him back in, if the final decision is still to deny him and he is outside the country when it happens. He worries that he will never see his elderly grandparents again. His life is not as simple as people think, even though he can remain while we fight this and plough yet more money into the government coffers.

I hope you didn't infer that his life would be "simple" by any stretch of the imagination...not saying you did, but I humbly apologize if it came across that way! I was just hoping he could at least remain here while this mess was being ironed out, since it seemed by what you mentioned you were all expecting he would have to leave. None of you should have to be enduring this ordeal...it is utter nonsense and grossly unfair. For one's life to be "on hold" like this is unthinkable. I wish there were some way to help...if you can think of anything, please don't hesitate to PM.

When the USCIS called me the other day, in response to a letter someone who worked at the White House got to the Office of the President, they told me "whatever he does, don't let him get married - he wouldn't be eligible to adjust then because he can't adjust from anything other than a K-2". Whether this is correct or not isn't really something I wanted to get into with them.

That is irony even O. Henry would be hard put to think of.