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Ageing Out for K1 Derivative

By bagaipo in K-1 Fiance(e) Visa Process & Procedures

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bagaipo Newbie

bagaipo   0

Posted
Filed: K-1 Visa Timeline
Posted

Hello Everyone.

 

We have an approved K1 visa application which will be expiring on August 18th. We still haven't scheduled our visa interview because we still have some things to accomplish. My daughter will be turning 21 on September 20th. Is there a way we can request for an extension of her ageing out or do you know of any basic immigration status that could be available for her. Definitely, we cannot arrive in the US before she turns 21. We would like to know what options are available for her, if any.

 

Hoping for your invaluable inputs to help us with this challenge. Thank you all in advance.

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

There's no extension or protection from aging out of a K-2 visa (or AOS based on said visa entry). If you went the spousal visa route and the USC filed for the stepchild as well, there would be CSPA protection to "push back" her age for the time the I-130 was pending. But for a K-1/K-2 visa, there are no CSPA protections.

 

Your (then-) USC spouse can petition for her after you are married, but the wait for an unmarried adult (21+) child is on the order of about 8 years I think (and much longer if she marries during that period).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted
12 hours ago, geowrian said:

There's no extension or protection from aging out of a K-2 visa (or AOS based on said visa entry). If you went the spousal visa route and the USC filed for the stepchild as well, there would be CSPA protection to "push back" her age for the time the I-130 was pending. But for a K-1/K-2 visa, there are no CSPA protections.

 

Your (then-) USC spouse can petition for her after you are married, but the wait for an unmarried adult (21+) child is on the order of about 8 years I think (and much longer if she marries during that period).

  Wrong on both counts.  For the USC spouse to petition a step child the marriage has to occur before the child turns 18 .  A bit of a disconnect between the age of "adult"  between the 2 visas.   You will have to petition her and the wait will be about 8 years and as long as you are not a citizen she can't marry or the petition will be void.

This will not be over quickly. You will not enjoy this.

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, NigeriaorBust said:

  Wrong on both counts.  For the USC spouse to petition a step child the marriage has to occur before the child turns 18 .  A bit of a disconnect between the age of "adult"  between the 2 visas.   You will have to petition her and the wait will be about 8 years and as long as you are not a citizen she can't marry or the petition will be void.

True...it is 18 for K-2. Whoops. But the AOS based on it remains until 21, I believe.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

  It is the I130 that trips you up. TO petition a stepchild with an I 130 you have to be married by the 18th birthday . You can use a K2 until 21 but there is no CPSA.  You either get here by 21 or you don't come. 

This will not be over quickly. You will not enjoy this.

 
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