We Are Finally In Guam!

[Mydy 80]

Hi all!

We are finally here in Guam since last Tuesday, Jan 12

Thanks for your help!

Another question: I know that I need to get married within 90 days, but my son will be 21 years old soon, should we get married before he turns 21?

[Hank_ 9,174]

According to USCIS info I found, there is no issue adjust status after age 21.

http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/AILA_Field_Ops_32112_Cleared.pdf

If You are Present in the United States as K-2, the Minor Child of a K-1 Fiance(e)

You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent's eligibility to adjust. There are some special rules as to how long you can seek adjustment. Please refer to the related sections below under “Other considerations” for additional information.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Hagatna huh? My uncle lived in Jonestown - Tamuning, passed a couple years ago.

[Greenbaum 12,260]

The only requirement you must meet is that he is in the country before he turns 21. After that no worries. He should be added to mom's AOS.

I have a 22 year old who came when she was 20.

[cristina16 81]

The only requirement you must meet is that he is in the country before he turns 21. After that no worries. He should be added to mom's AOS.

I have a 22 year old who came when she was 20.

I have a 19 year old daughter and I am very worried that she will age out. After reading infos here I am very much comfortable now, we will travel by May she is 20 by then.

During my interview, there were 2 K2s I was helping. One of them is 21 already but they approved him. I observed that they were asked so many questions and had to go back and forth to (Pre- screening) but the 21 year old was approved of a visa. Maybe the requirement is you need to be in the US until 21.

Edited January 15, 2016 by cristina16

[Greenbaum 12,260]

cristina16, on 15 Jan 2016 - 12:42 AM, said:

I have a 19 year old daughter and I am very worried that she will age out. After reading infos here I am very much comfortable now, we will travel by May she is 20 by then.

During my interview, there were 2 K2s I was helping. One of them is 21 already but they approved him. I observed that they were asked so many questions and had to go back and forth to (Pre- screening) but the 21 year old was approved of a visa. Maybe the requirement is you need to be in the US until 21.

There is a prevision that if the child has aged out for K-2 but meets the qualification of another visa category, then his case can convert to the visa category allowing for approval. If not then the child has aged out and must now wait in line for an F2 visa.

Here is a good article explaining it in further detail. http://immigrationimpact.com/2014/06/09/scotus-decides-immigrants-can-age-out-of-visa-petitions/

[Darnell 8,479]

i suggest the son do a k-2 visa now with Manila IV. he was listed on the I-129F, right ?

Forget the wedding calendar, focusing instead on his birthdate.

[Mydy 80]

Thanks all! Now I can breathe better. My fiance said I panic too much. We have the marriage license now and will be getting married next week.

[Mydy 80]

One more thing, do we need to send another AOS forms for my son or my AOS form is sufficient?

[Hank_ 9,174]

One more thing, do we need to send another AOS forms for my son or my AOS form is sufficient?

From the link I gave you earlier, I-485 for each applicant:

Application Process

If you entered the United States as a fiancé(e) of a U.S. citizen (K-1), child of a fiancée of a U.S. citizen (K-2), or the spouse or child of a U.S. citizen (K-3 or K-4) you will have to file for adjustment of status in order to get your green card and to remain legally in the United States.

To obtain a green card, you need to file Form I-485.

If You are Present in the United States as a K-1 Fiance(e)

You should apply for adjustment as soon as you marry your fiancé(e). By law and regulations, you are required to marry the U.S. citizen who petitioned for you within 90 days of your admission to the United States in K-1 status. If you fail to marry, you will become removable from the United States and cannot adjust through any other means.

If You are Present in the United States as K-2, the Minor Child of a K-1 Fiance(e)

You should seek adjustment of status at the same time as your parent (K-1) since your reason to adjust, in general, depends on your parent's eligibility to adjust. There are some special rules as to how long you can seek adjustment. Please refer to the related sections below under “Other considerations” for additional information.

Note: Those applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf. However, a K-2 stepchild may have a Form I-130, Immediate Relative Petition, filed on his/her behalf if eligible and necessary to prevent age-out concerns. Read “Other Considerations” below for further information.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Edited January 16, 2016 by Hank_

[Darnell 8,479]

huh? come on, pay the visa fee for the K-2, get on the calendar and self-schedule with the IV Unit in Manila, in the next 3 days.

as to papers to submit for the interview - is best to generate a new I-134, as

the paper casefile on YOU ? well, that manila packet you hand carried in to Guam? That was your entire casefile. There's a copy of all stored in SAFEFILE that the IV Unit _might_ review, but there's no guarantee.

Your son is on a K-2 follow-to-join case with an upcoming age-out. Get Busy !

[Darnell 8,479]

One more thing, do we need to send another AOS forms for my son or my AOS form is sufficient?

adjustment of status? yes, he'll need his own adjustment of status casefile, even he is a derivative on your AOS.

AOS = Affadavit of Support, form I-864, filed with the adjustment of status? Yes, he needs one filed on him.

Movement, aye?

Go Fast on the K-2 chasing,

go slow on filing the Adjustment of status, until he is physically at your hip in Guam. saves a bit of money when both are filed together. Still, there's an age-out problem, so if'n I were in your exact shoes, I'd make certain to pay the Visa Fee for his K-2 within the next 18 hours.

[Mydy 80]

adjustment of status? yes, he'll need his own adjustment of status casefile, even he is a derivative on your AOS.

AOS = Affadavit of Support, form I-864, filed with the adjustment of status? Yes, he needs one filed on him.

Movement, aye?

Go Fast on the K-2 chasing,

go slow on filing the Adjustment of status, until he is physically at your hip in Guam. saves a bit of money when both are filed together. Still, there's an age-out problem, so if'n I were in your exact shoes, I'd make certain to pay the Visa Fee for his K-2 within the next 18 hours.

Hi Darnell,

My son is already here in Guam.

[Mydy 80]

Hi all, sorry to ask again..

I just read this here on VisaJourney (K2 Visa Adjustment Tips):

Older K-2 Visa adjustees

" Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. The Child Status Protection Act protects them from "aging out" as long as their AOS petition is accepted by USCIS before their 21st birthday. However, the CSPA only applies to K2's if the K1 marries the US citizen petitioner before the K2 turns 18. If the marriage occurs after the K2 is 18 then their AOS must be approved before the K2 turns 21.

This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out."

We will only be able to file the AOS petition next week (we just got married yesterday) and my son's birthday is on Jan. 25th which is on Monday next week. USCIS will be recieving the application after he turns 21. Does this mean his application might be denied?

I apologize for this, but I am worried for my son,

[Hank_ 9,174]

Just had a discussion on this, see if I can find the info again.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Special Considerations When Seeking Adjustment of Status as a K-2

The Section 101(b)(1) of the Immigration and Nationality Act defines a "child" as "an unmarried person under twenty-one years of age." Generally, a K-2 can seek adjustment of status as the minor child of a K-1. Therefore, if the K-2 adjusts status based on the K-1's adjustment, then the K-2 can only adjust status prior to his or her 21st birthday. Several recent developments may impact a K-2s ability to seek adjustment beyond the age of 21.

If you should attain the age of 21 years while your Form I-485 is pending, you may be covered under the Child Status Protection Act of 2002 (CSPA) (see information below).

K-2/K-4 Adjustment of Status as the Step-Child of the U.S. Citizen & CSPA

In 2002, Congress passed the Child Status Protection Act of 2002 to permit an applicant for certain immigration benefits to retain the classification as a "child" under Section 101(b)(1) of the INA even if he or she reaches the age of 21. For more information, please see our “Child Status Protection Act” page.

Limited CSPA Coverage for K-2s

An individual in K-2 status does not generally have a visa petition (Form I-130, Petition for Alien Relative) filed by the U.S. citizen petitioner, which is required in order for CSPA provisions to be applicable. Therefore, a K-2 nonimmigrant cannot utilize the CSPA when seeking to adjust status. A K-2, absent any different circumstance, may only seek adjustment until he or she reaches his 21st birthday and must adjust prior to his/her 21st birthday.

Although not required, USCIS may accept a Form I-130 filed by the U.S. citizen petitioner based on a parent-child relationship between the petitioner and the K-2 nonimmigrant (for example, when the U.S. citizen petitioner has married the K-1, and the K-2 was not yet 18 years old at that time. In this case, the K-2 is considered the step-child of the U.S. citizen under the law). This will allow an individual who once was a K-2 to adjust on the basis of being an immediate relative of a U.S. citizen, and allow him or her to utilize the CSPA when seeking adjustment of status (that is, not age out while his/her Form I-485 is pending).

Exercising this option requires:

• An existing parent-child relationship between the U.S. citizen petitioner and the K-2 nonimmigrant
• Filing of Form I-130 prior to the K-2’s 21st birthday
• Submitting all required documentation and paying the required fees associated with Forms I-130 and I-485

Edited January 22, 2016 by Hank_

[Mydy 80]

Thanks, Hank! I am just confused after reading that AOS should be filed before the child turns 21. My son will be 21 years old on Monday, Jan. 25, so when I file for the AOS, USCIS will only recieve the application after he turns 21. That is why I have to ask again. Will my son be ok? We arrived in Guam last January 12, got married yesterday (civil wedding), Jan 21. We did not have enough time to file for the AOS early.