K2 question.

[CharlieNWeng 1]

Hello fellow VJ's. My fiancé & her son had their interview for K1 & K2 visas at the USEM on 03 Feb. 2014. At that time her son was under 21YO. They were put on AP do to her needing a new NBI clearance. Her son turned 21 on 13 Feb. 2014 & his petition was denied at that time on CEAC. Skip ahead to 30 April 2014. Visa status says ready for both of them. Then went back to AP on 13 May 2014, & Issued on 13 May 2014 for both of them. YYIIPPIIEE!!!.. Finely after a 3 month wait its almost over. As her son was not here on US soil before turning 21YO. He is not eligible to travel here to the US even though he was issued a visa. From what I'm reading he would be turned away & not admitted into the country. As every one here is so versed as to the regulations. We would like to hear what is the rule. Thanks very much in advance.

PS. At least in less than 48 hours my fiancé will be here. After almost 2 years apart we have a lot of catching up to do.

[Girl from Celebes 588]

Hello fellow VJ's. My fiancé & her son had their interview for K1 & K2 visas at the USEM on 03 Feb. 2014. At that time her son was under 21YO. They were put on AP do to her needing a new NBI clearance. Her son turned 21 on 13 Feb. 2014 & his petition was denied at that time on CEAC. Skip ahead to 30 April 2014. Visa status says ready for both of them. Then went back to AP on 13 May 2014, & Issued on 13 May 2014 for both of them. YYIIPPIIEE!!!.. Finely after a 3 month wait its almost over. As her son was not here on US soil before turning 21YO. He is not eligible to travel here to the US even though he was issued a visa. From what I'm reading he would be turned away & not admitted into the country. As every one here is so versed as to the regulations. We would like to hear what is the rule. Thanks very much in advance.

PS. At least in less than 48 hours my fiancé will be here. After almost 2 years apart we have a lot of catching up to do.

Congrats! Such a big relieved for both of you.

[KayDeeCee 4,893]

I do not know about entering with the K-2. I would assume they would allow him to enter with a valid K-2 visa. However, he will not be able to adjust status. Even with the BIA ruling, Matter of Le, which states that a K-2 can no longer 'age out' for the purpose of filing for AOS, it states the child must have entered the US when under 21 > http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

We conclude that to adjust status based on a K-2 visa, an alien derivative child must establish that he or she was under 21 years of age at the time of admission to the United States.