Son received aos first

[jdaveh 58]

I am curious about this because it seems wrong. We are waiting for my wife to get her aos and green card. Our son has already received his green card. Something feels wrong about this as it will mess up our filing timeline when we get to 751. Any thoughts or knowledge on this? He is 21 now so I do not know if that makes a difference.

 

 Thanks

[Ksenia_O 696]

Something is really wrong..  K2 is derivative visa and gets on his/her own feet only after I-751 approved. Until then - completely dependent on K1: so, K2 cannot be issued BEFORE K1.  K2 cannot enter the US BEFORE K1. And obviously, K2's AOS cannot be adjusted BEFORE K1's. 
And if this "situation" is not fixed ASAP,  it's gonna turn to real mess when it's time for ROC/I-751 - K2 cannot apply to remove K2's conditions BEFORE K1!  But in your case K2 already has his green card, so his time has already started and  his "90 days window" to file I-751 will be open ..probably BEFORE K1 which is nonsense!! In most cases K2 is a part of K1's application! Or - K2 applies on his own, AFTER K1, if a child didn't acquire conditional resident status on the same day as a a parent or within 90 thereafter....   but there is no way "there before".  

 

You should call USCIS customer service.. Well, you've probably already done this . The thing is - the people you get to talk first - they don't really know that much, and basically they are looking at the same screen and reading the same info as you are. They don't have a real access to your case.  Call again and try to get a Tier 2 officer to talk with.  It's gonna be a pain in your behind, but - doable. If not - make an Infopass in your local USCIS Office. 

Edited June 19, 2017 by Ksenia_O

[jdaveh 58]

Thanks for the info. I have scheduled infopass meeting and am trying to get next tier level immigration officer on phone. They have call back system, so like everything else in this process,we wait. I have heard it is done from immigration lawyers here but it makes us very nervous. hopefully good news soon or after infopass in two weeks. Finally got through to someone who could help. She was approved on May 15, but card was never printed for some reason   YAY.