AOS filed on Aug 2016...still processing...while K-2 applicant has aged out. Help!

[JamesS 0]

The receipt date for my wife & my step-daughter is Aug 10th, 2016.  They had biometrics done on Aug 31st, 2016.  On Oct 11th, 2016, they both were approved for I-131, and subsequently received EAD/AP card on Oct 28th, 2016.  We haven't heard any status update for their AOS since then.

 

The USCIS status check still shows:

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Fingerprint Fee Was Received

On August 10, 2016, we accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSC1691449xxx. Our National Benefits Center location is working on your case. 

 

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It has been almost 7 months.   The critical question is:  My step-daughter aged out on Feb 10th, 2017 (her 21st birthday).  The time between AOS receipt date and her 21st birthday is exactly 6 months (that is plenty long, IMO).   What is the chance that her case could be denied due to her aged out?  What shall we do?  Please help.

[Hypnos 6,578]

K-2s do not age-out provided they entered the US before they turned 21.

 

Even if you married after they turned 21 they would still be eligible to file for AoS. 

 

This is codified in Matter of Le. 

[JamesS 0]

14 hours ago, Hypnos said:

K-2s do not age-out provided they entered the US before they turned 21.

 

Even if you married after they turned 21 they would still be eligible to file for AoS. 

 

This is codified in Matter of Le. 

Thanks for the info.

 

However, here is the link: http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips saying:

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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.

 

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The above information is not correct?  

 

I am still confused...I would appreciate if anyone like to confirm.  TIA

[Hypnos 6,578]

That information is outdated. 

 

You can Google Matter of Le yourself and read it. 

[JamesS 0]

On 3/1/2017 at 11:25 AM, Hypnos said:

That information is outdated. 

 

You can Google Matter of Le yourself and read it. 

Thanks for the info.  I will read it.