AOS FOR K2

[akwasi&afia 0]

Please I need to know the documents I need for my son for AOS.he is on k2 visa.thanks

[Pitaya 2,577]

Please I need to know the documents I need for my son for AOS.he is on k2 visa.thanks

We recently filed for AOS for my wife (K-1) and stepson (K-2):

Take the time to look at these links:

http://www.visajourney.com/content/k1k3aos,

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips,

http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/

The first two are K-1 and K-2 AOS guides from the VJ Guides section, the last link is a stickie found at the top of the forum page. The second link was particularly helpful in understanding the nuances of the K-2 AOS process. I was able to find all of the information necessary for us to file my stepson's (K-2) AOS packet, and additional useful information from those links.

Good luck on your immigration process.

[cristina16 81]

Hi everyone, found this old thread. I hope anyone can help me to clear these concerns based on latest filings.

I am not filing for AOS yet but we will be soon and I plan way ahead- i guess we all are .

I have 2 K2s and my eldest daughter is now 19 and she will be 20 when we file for AOS. Does it still hold true that we need her AOS approved before her 21st birthday? Any with latest experience on this or have first hand info? Is there any new updates on this issue? How many months now is the timetable for approval?

I can't envision sending her back, I have been a single mom since she is 5 so I cannot allow to send her back. Therefore I need to make plans to avoid it from happening. Appreciate your inputs.

[KayDeeCee 4,896]

There was a BIA ruling in 2011, Matter of Le > http://www.legalactioncenter.org/sites/default/files/docs/lac/Matter-of-Le-Decision-6-23-2011.pdf

As long as a K-2 entered the US before turning 21 and the K-1 parent married the I-129F petitioner within 90 days of entry, then they are eligible for AOS and do not age out.

[cristina16 81]

There was a BIA ruling in 2011, Matter of Le > http://www.legalactioncenter.org/sites/default/files/docs/lac/Matter-of-Le-Decision-6-23-2011.pdf

As long as a K-2 entered the US before turning 21 and the K-1 parent married the I-129F petitioner within 90 days of entry, then they are eligible for AOS and do not age out.

Thanks for the input.

I have read this case months ago and some cases already citing this case when K2 adjustee were denied since some USCIS are not aware of the new policy. Still makes me worry. Does making a note "possible aging out" on the AOS packet helps?

isn't that CSPA only applies to K2's if the K1 marries the US citizen petitioner before the K2 turns 18? Even the VJ K2 AOS process says otherwise. Is this not current nor updated?

[KayDeeCee 4,896]

Outdated, incorrect info. A K-2 does not need to be under 18 when the K-1 parent's marriage takes place. The K-2 just has to receive the K-2 visa and enter the US with it before turning 21, and the K-1 parent must marry within 90 days of enter with their K-1. That is all it takes for a K-2 to be eligible to adjust status.

USCIS Q&A from 2012. The USCIS is slow in providing updated info and guidance on new laws/rulings, but at least it was mentioned here > http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/October%202012/AILA-Liaison-Committee-meetingQA.pdf

You can find several articles and lawyer sites discussing the ruling if you Google something like "K-2 age out'.

[cristina16 81]

Outdated, incorrect info. A K-2 does not need to be under 18 when the K-1 parent's marriage takes place. The K-2 just has to receive the K-2 visa and enter the US with it before turning 21, and the K-1 parent must marry within 90 days of enter with their K-1. That is all it takes for a K-2 to be eligible to adjust status.

USCIS Q&A from 2012. The USCIS is slow in providing updated info and guidance on new laws/rulings, but at least it was mentioned here > http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/October%202012/AILA-Liaison-Committee-meetingQA.pdf

You can find several articles and lawyer sites discussing the ruling if you Google something like "K-2 age out'.

Thanks so much for the info. I will take note of this.

Believe me, I have read tons of articles and searched on google even before we file for I-129. My K2s are a major considerations on our plans when to get married.