K-2 AOS expedite (age out)

[Mumu 10]

Hi ya'll

I filed for my soon-to-be 21 years old child for a K-2 visa and the papers were sent May 22nd. We had no news from USCIS so we called them to learn that they lost the file!!

So we called to have an expedite claiming it was USCIS fault and because we want to have this EAD card before turning 21 in July.

The man on the phone told us the case will be taken care of within 5 days and that it is a prerequisite for an expedite (the USCIS error).

In the meantime we received a mail from them telling us that we needed to prove for a financial loss.

So we called again to tell them that we didn't ask for an expedite for financial loss but because they made a mistake losing the file and that the case was 3 weeks late. The woman on the phone did stay on the same subject : send the papers we're asking.

My question is : since the first person on the phone told us that within 5 days they are going to give us an answer and the second told us to send the papers, what do you suggest we should do?

Thank you for your answer.

[Mumu 10]

No one knows?

[Penguin_ie 5,997]

**** Title made more descriptive and topic moved from Europe to AOS from Family Visa forum for more answers *****

[Fan_Dancer 171]

I don't see how you can win this one. You have to take into account 90 days for the card processing. Even with the May 22nd date, you could have been too late.

If you had sent them on time (aka more than 90 days before his birthday), you would have had a case. Otherwise ... not really.

[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.

[Mumu 10]

I don't see how you can win this one. You have to take into account 90 days for the card processing. Even with the May 22nd date, you could have been too late.

If you had sent them on time (aka more than 90 days before his birthday), you would have had a case. Otherwise ... not really.

If... if... if.... If the American Embassy didn't also lose the file, then we would have had the visa on time!!! So Embassy plus USCIS is a winning team to make us waste time!!! All added equal 6 weeks late!

[Mumu 10]

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.

Ok but the problem I forgot to mention is, instead of counting from May 22nd, they are counting from June 13th when we called them to tell them we had no news from them after we applied for the AOS. So we lost 3 weeks. Since we lost 3 weeks because they lost the file, then we think we can ask for an expedite.

**** Title made more descriptive and topic moved from Europe to AOS from Family Visa forum for more answers *****

Thank you! I never know where to post exactly!

[KayDeeCee 4,896]

It is perfectly fine and understandable to ask for an expedite due to the USCIS messing up. I was just pointing out that a K-2 will not age out and can file for AOS even after the age of 21.

[Mumu 10]

It is perfectly fine and understandable to ask for an expedite due to the USCIS messing up. I was just pointing out that a K-2 will not age out and can file for AOS even after the age of 21.

Yes it is but will they expedite it even if it's perfectly fine?

In their eyes it might not be a good reason... That's the reason of my post.

[Darnell 8,479]

are you talking to an ISO or a CSR?

I would call in each day this upcoming week and talk with an ISO (not a trivial thing) until you gots resolution on this.

[KayDeeCee 4,896]

Yes it is but will they expedite it even if it's perfectly fine?

In their eyes it might not be a good reason... That's the reason of my post.

Do not know. Sometimes they approve expedites for cases I never thought fit their criteria, and sometimes they deny ones that do fit the criteria. Hit or miss I suppose. They still messed up on the handling of your case, so they should still speed it up and make it right, and I hope they do it for you.

[Mumu 10]

are you talking to an ISO or a CSR?

I would call in each day this upcoming week and talk with an ISO (not a trivial thing) until you gots resolution on this.

I have no idea. How can I call an ISO?

[KayDeeCee 4,896]

You need to ask to have your call escalated to a tier 2 immigration officer that has access to your case information. The customer service reps that answer the phone do not have that access and they also tend to give out incorrect information a lot. You can also make an Infopass appointment and go and speak to an IO at your local USCIS office, if it is near enough, and if they have any appointments available.

[Mumu 10]

You need to ask to have your call escalated to a tier 2 immigration officer that has access to your case information. The customer service reps that answer the phone do not have that access and they also tend to give out incorrect information a lot. You can also make an Infopass appointment and go and speak to an IO at your local USCIS office, if it is near enough, and if they have any appointments available.

Ok thank you very much.

[Mumu 10]

Ok to give you an update, it's been expedited so my child will have the EAD card within 14 days!!! I had to fight to get this done!