K2 is already 20yrs old. K1 will be filed in May 2019. K2 is turning 21 on Aug 2019.

[apple21 953]

Hi. My nephew is already 20 years old. His mom (my ex-sister in law) will be petitioned thru K1 by her USC fiancee this May 2019. Nephew will turn 21 in Aug 2019. Will he still be able to qualify as a K2? And will he be allowed to adjust status as K2 even if he's already 21 by the time he's in the USA? Thank you. 

[payxibka 10,047]

23 minutes ago, apple21 said:

Hi. My nephew is already 20 years old. His mom (my ex-sister in law) will be petitioned thru K1 by her USC fiancee this May 2019. Nephew will turn 21 in Aug 2019. Will he still be able to qualify as a K2? And will he be allowed to adjust status as K2 even if he's already 21 by the time he's in the USA? Thank you. 

He will age out before the visa will be issued.  He will not be eligible for a K2

[treppenwitz 78]

32 minutes ago, apple21 said:

will be petitioned thru K1 by her USC fiancee this May 2019. Nephew will turn 21 in Aug 2019.

High odds he will age out; https://www.uscis.gov/greencard/child-status-protection-act:

Quote

As a K-2 nonimmigrant (child of a K-1 nonimmigrant who is the fiancé(e) of a U.S. citizen), you typically get a Green Card based on your admission into the U.S. with a K-2 visa and your K-1 parent’s marriage to the U.S. citizen petitioner within 90 days of being admitted to the U.S. As long as you were under 21 when you were admitted to the United States as a K-2 nonimmigrant, you will not age out of eligibility for a Green Card.

If he stays unmarried, then he can wait until his mother's AOS is approved and she starts the F2B for him: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-may-2019.html F2B from Philippines is more than a 12 year wait.

[Unlockable 7,315]

52 minutes ago, apple21 said:

Hi. My nephew is already 20 years old. His mom (my ex-sister in law) will be petitioned thru K1 by her USC fiancee this May 2019. Nephew will turn 21 in Aug 2019. Will he still be able to qualify as a K2? And will he be allowed to adjust status as K2 even if he's already 21 by the time he's in the USA? Thank you. 

Form the timeline you posted, he is not gonna make it. 

 

Best to advise them to be prepared for him to be left behind for a while.

[Greenbaum 12,259]

8 hours ago, apple21 said:

Hi. My nephew is already 20 years old. His mom (my ex-sister in law) will be petitioned thru K1 by her USC fiancee this May 2019. Nephew will turn 21 in Aug 2019. Will he still be able to qualify as a K2? And will he be allowed to adjust status as K2 even if he's already 21 by the time he's in the USA? Thank you. 

If he reaches the POE prior to turning 21 then he's ok. Otherwise your looking at a long process.