AOS K2 follow to join - is there a time limit?

[gursha 9]

Hi All,

Is there a time limit to file AOS for a K2 follow-to-join? K2 was listed on K1 application, K1 AOS, K1 I-864, and our 2015 joint tax return. K2 has TIN.

Here is our history:

Fiance entered US 12/20/14 on K1

Married 3/16/15

Filed for Husband's AOS 3/28/15

Husband received conditional green card 10/27/15

Husband brought his son (K2) to US on 11/7/15

As we have just celebrated our one-year familversary on 11/7/16, so it is just over one-year since my stepson entered the US on the K2 follow-to-join. It is unbelievable how fast time has passed.

I know there is a one-year limit for a K2 follow to join to file for a visa to come to the US on the K2, but I wasn't sure if there was a similar requirement for filing for AOS for a K2 follow to join.

Here are our questions:

1. Is there a one-year or other time limit to file for AOS for K2 follow to join?

2. If there is a one-year limit, what are our options for AOS?

Thank you

[EM_Vandaveer 2,408]

No time limit except AOS has to be filed BEFORE the K-2's 21st birthday.

[gursha 9]

Thank you EM Vandaveer. That relieves a lot of stress . . .

One follow-up question - Who is the petitioner for the K2 AOS? In other words, should my husband draft/sign the cover letter and sign the forms on behalf of his son or should I do so as I did for my husband's AOS?

[Pitaya 2,577]

https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

[KayDeeCee 4,893]

You don't have to file for AOS before they turn 21. They just needed to enter the US via their K-2 visa before the age of 21. > http://www.visajourney.com/forums/topic/602033-k1k2/?p=8219136

And yes, the USC is still the sponsor/petitioner. They will need to provide an I-864 for the K-2. If the minor is too young to sign, the K-1/green card holder parent can sign the forms for the child.

[gursha 9]

Thank you KayDeeCee and Pitaya. Very helpful info and link to related VJ post.

[rawlsca 2]

I'm replying to this topic because my situation is similar...

 

My wife and stepson are here in the US now from China. My wife has her 10 year green card as of about a year ago. Her son originally came here on her K1 visa just "under the wire" in December 2014, about 15 months after she arrived. (He originally did not want to come but later changed his mind, just barely in time.) He now has his 2 year green card but, when she applied for her 10 year card, we could not include him in the application because he came more than year later and his 90 day window for I-485 application had not yet opened up. His 90 day window opens around June 20, 2017, so we're now ready send in his application. Where can I find a list of documents needed for his application? Remember, his situation is special in that, even though he originally came here on his mother's K1 visa, he could not be on her 10 year green card application but must apply separately due to the 15 month gap between their USA arrivals. Thank you!