Wifes Son turns 21 in 3 weeks

[billrussell 0]

Hello - I have a problem and maybe somebody can help or point me in the right direction.

I have a Thai Wife and 2 Thai step children who have received their K3 visas on January 20 2007 and my wife and 14 year old daughter flew to the U.S. on 27 January. They have a 2 year visa.

Her son who is 20 years old waited to come to the U.S. until yesterday (14 April 2007), due to finishing a semester of college in Thailand.

Upon arrival, I discovered that his visa expires in 3 weeks! (One day before his 21st birthday).

Is it possible to file a AOS and somehow extend his visa? I do not want to let him overstay the visa, and I also do not want to put him on a plane in 3 weeks.

Any advise would be appreciated.

[LaL 418]

please check out the following threads:

http://www.visajourney.com/forums/index.ph...&pid=810981

http://www.visajourney.com/forums/index.ph...&pid=749853

http://www.visajourney.com/forums/index.ph...mp;#entry759587

[billrussell 0]

please check out the following threads:

http://www.visajourney.com/forums/index.ph...&pid=810981

http://www.visajourney.com/forums/index.ph...&pid=749853

http://www.visajourney.com/forums/index.ph...mp;#entry759587

Thanx for the reply and links, but one question that was not answered - Does he have to leave, even though is AOS has been filed when his visa expires?

If so, how does he go to his AOS appointment?

[athena_ny 1]

please check out the following threads:

http://www.visajourney.com/forums/index.ph...&pid=810981

http://www.visajourney.com/forums/index.ph...&pid=749853

http://www.visajourney.com/forums/index.ph...mp;#entry759587

Thanx for the reply and links, but one question that was not answered - Does he have to leave, even though is AOS has been filed when his visa expires?

If so, how does he go to his AOS appointment?

He doesn't "have" to leave - but he will overstay his visa if he does. If AOS is filed, well then he's an adjustment applicant BUT he will get denied because he's over 21.

[LaL 418]

its not the visa expiration that is really the issue here , its the age-out for a 21 year old. Honestly I do not know if it is different for K2 vs K4, but you may want to check with others who have faced similar circumstances. Girona's son is going through deportation due to this, it can be very serious... but I believe someone else went through the process and was able to adjust.

[athena_ny 1]

its not the visa expiration that is really the issue here , its the age-out for a 21 year old. Honestly I do not know if it is different for K2 vs K4, but you may want to check with others who have faced similar circumstances. Girona's son is going through deportation due to this, it can be very serious... but I believe someone else went through the process and was able to adjust.

I didn't know some people had been successful...there is some hope, then.

[LaL 418]

another link to someone who was interviewed recently and awaiting a decision.

http://www.visajourney.com/forums/index.ph...ic=63219&hl=

[ljs 1]

It is interesting to learn that your son was allowed into the USA. When I got my K-1 visa and my 20 year old daughter (4 months away from 21) was given her K-2 as well, we were taken aside when I went to pick up the visa and told in no uncertain terms that we were going to run into problems at the border getting her in as there had been a new directive saying that if there is no possiblilty to adjust the border patrol at customs were to deny entry, and that if there was slim possibility of adjusting to make a judgement call about allowing entry. We were told the Consular Officer should have told us this when granting the visas so we could have reconsidered then if we wanted to have the visa put in her passport or not. Since she needed to finish a semester of university and was going to join us at christmas break, that would leave her just 3 months til she was 21-not enough time we were told. They also told us that attempting to enter and being denied or entering and not being able to adjust and overstaying or being deported was not helpful if wanting to apply for a visa later for her.

In the end we decided not to have her activate her visa, she was needing to finish university, and we were not sure if she would be able to adjust during her winter break. She is in her final year of law school and really couldn't afford to miss classes.

Our lawyer said the Consulate like to scare, I can see no benefit in them doing so...but maybe he was right, since your son was allowed entry. He said we should take our chances on entry but absolutely had to have her adjust or get AP before she went back to school, but as it was over christmas, it would be dicey. Previous delays with immigration left me feeling less than optomistic.

This whole age out business is ridiculous, holding us to a date (AOS) we have no control over, especially given that some people are held up in FBI name checks for ages!!

***end rant***

billrussell, all the best with your son's AOS, I hope it goes smoothly.

Linda

[Dr_LHA 3]

This whole age out business is ridiculous, holding us to a date (AOS) we have no control over, especially given that some people are held up in FBI name checks for ages!!

Yes, the cut off date is harsh, I agree. It should really be based on when you file, rather than when the application is processed.