K2 aged out?

[sailbum 4]

Due to COVID delays in processing my step-daughter-to-be turned 21. Let's call her Mary.

 

Today we got the email from the Embassy in Bogota, Colombia saying it is time to apply for the visas.  The email listed by fiancée and her 10 year old son by name but it did not list Mary. It didn't say she was denied either. Does this mean Mary is being denied due to aging out? Has anyone had any luck appealing a decision to deny a K2 visa due to aging out due to COVID processing delays?

 

I had written to my congressional representative's office and they were of the opinion that such delays should not count against her but that opinion is not a guarantee.

 

The U.S. Citizenship Act of 2021 Sec. 3107 is on point and would address this aging out problem for K2 visas but that has not passed yet.

Aargh.

[aaron2020 11,651]

5 minutes ago, sailbum said:

Due to COVID delays in processing my step-daughter-to-be turned 21. Let's call her Mary.

 

Today we got the email from the Embassy in Bogota, Colombia saying it is time to apply for the visas.  The email listed by fiancée and her 10 year old son by name but it did not list Mary. It didn't say she was denied either. Does this mean Mary is being denied due to aging out? Has anyone had any luck appealing a decision to deny a K2 visa due to aging out due to COVID processing delays?

 

I had written to my congressional representative's office and they were of the opinion that such delays should not count against her but that opinion is not a guarantee.

 

The U.S. Citizenship Act of 2021 Sec. 3107 is on point and would address this aging out problem for K2 visas but that has not passed yet.

Aargh.

Sorry, there is nothing that can be done here to help your stepdaughter.  The law does not allow the US Embassy to issue a K-2 to anyone who is over age 21.  There are no exceptions because the law does not allow it.  Delays whether it's COVID or not is part of the process and aging out is part of the risk.  

Once her mother becomes an LPR, she can file for her daughter in the F2b category, LPR petitioning a child over age 21.  The wait will be around 7 years for a visa.

[SalishSea 17,744]

22 minutes ago, aaron2020 said:

Sorry, there is nothing that can be done here to help your stepdaughter.  The law does not allow the US Embassy to issue a K-2 to anyone who is over age 21.  There are no exceptions because the law does not allow it.  Delays whether it's COVID or not is part of the process and aging out is part of the risk.  

Once her mother becomes an LPR, she can file for her daughter in the F2b category, LPR petitioning a child over age 21.  The wait will be around 7 years for a visa.

Can't the USC OP petition for her if the stepparent relationship (marriage to her mother) was created before she was 18?

[aaron2020 11,651]

Just now, Jorgedig said:

Can't the USC OP petition for her if the stepparent relationship (marriage to her mother) was created before she was 18?

She's already 21 - thus the K2 aging out problem.  Marriage to mom will occur after she is already 21.  

[sailbum 4]

2 minutes ago, Jorgedig said:

Can't the USC OP petition for her if the stepparent relationship (marriage to her mother) was created before she was 18?

Alas this is a fiancée visa.  We are not married yet.

[Boiler 45,311]

With the benefit of hindsight an expedite.

[aaron2020 11,651]

Just now, Boiler said:

With the benefit of hindsight an expedite.

The Biden Administration made aging out K-2 a priority in visa interviews.  The Trump Administration didn't give a damn.

 

Even with K-2 aging out being an interview priority, it was an impossible task in many countries as embassies/consulates were unable to interview many because of  lockdowns issued by local governments.  

[sailbum 4]

I did call to request expedite based upon my very real medical issues.  The representative on the phone said USCIS would be in touch with instructions about submitting my medical records.  Instead they denied the expedite immediately without allowing me to submit medical records.  

 

And I do have a recording of the call.

 

Starting to look like I need to get the law changed.  Sisyphus, meet boulder.

[Boiler 45,311]

Expedite for ageing out not medical.

[SusieQQQ 11,586]

1 minute ago, sailbum said:

I did call to request expedite based upon my very real medical issues.  The representative on the phone said USCIS would be in touch with instructions about submitting my medical records.  Instead they denied the expedite immediately without allowing me to submit medical records.  

 

And I do have a recording of the call.

 

Starting to look like I need to get the law changed.  Sisyphus, meet boulder.

It’s a shame, in hindsight, you didn’t expedite on the basis of K2 aging out, we’ve seen successful reports of those. As others have mentioned the only option for her now is for her mother to sponsor her once she has a green card. That in itself may take around a year or so given how slow AOS is now (and of course depending exactly when she enters and how long after that you marry).

[sailbum 4]

1 minute ago, Boiler said:

Expedite for ageing out not medical.

Tried both, actually.  USCIS didn't give a damn.

[HRQX 4,145]

1 hour ago, sailbum said:

Has anyone had any luck appealing a decision to deny a K2 visa due to aging out due to COVID processing delays?

No. She has aged-out: https://fam.state.gov/fam/09FAM/09FAM050207.html "This relief does not affect rules related to fees or fee collection, age-out restrictions, or other eligibility factors for K-2 status."

 

Must be "under 21 when you were admitted to the United States as a K-2 nonimmigrant" https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

Edited October 9, 2021 by HRQX

[aaron2020 11,651]

30 minutes ago, sailbum said:

I did call to request expedite based upon my very real medical issues.  The representative on the phone said USCIS would be in touch with instructions about submitting my medical records.  Instead they denied the expedite immediately without allowing me to submit medical records.  

 

And I do have a recording of the call.

 

Starting to look like I need to get the law changed.  Sisyphus, meet boulder.

Biden's interviewing priority for K-2 was based on aging out.  You asked for an expedite based on your medical needs.  You didn't ask for an expedite because a K-2 was aging out.  

[sailbum 4]

Just now, aaron2020 said:

Biden's interviewing priority for K-2 was based on aging out.  You asked for an expedite based on your medical needs.  You didn't ask for an expedite because a K-2 was aging out.  

I did previously also ask for an expedite based upon aging out. That was not approved but based upon advice from this forum I also asked to expedite based upon my medical needs. That was also not approved.

 

This is looking like a huge uphill struggle.  I'll look into student visa options or contacts with a company I have that does sponsor visas for overseas hires.

[HRQX 4,145]

36 minutes ago, sailbum said:

This is looking like a huge uphill struggle.

After your spouse's I-485 is approved your spouse can file I-130 for F2B process but "Mary" must remain unmarried until after either she enters the US with the F2B visa or your spouse becomes a US citizen (whichever occurs first).

 

The way current immigration law is structured is that someone aged 21 or older should be independent enough to at least wait a while longer for their process (i.e. separation should be expected). For example, the F1 category (unmarried qualifying adult child of US citizen) process can take around 7 years. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Edited October 9, 2021 by HRQX