K2 aged out?

[aaron2020 11,651]

17 minutes ago, sailbum said:

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.

I wish I could help you solve this, but there isn't a solution.

 

A student visa will require her to have non-immigrant intent and international tuition will be very expensive.  Hard obstacles for her to overcome.

 

Without a college degree, she will find it next to impossible to get a work visa.  

 

The F2b route after her mother becomes an LPR is really the only real solution.  

[SalishSea 17,060]

1 hour ago, aaron2020 said:

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

Oh, duh!   Been a long week 😉

[SalishSea 17,060]

51 minutes ago, sailbum said:

contacts with a company I have that does sponsor visas for overseas hires.

Very unlikely she would qualify for this, unless she already has a degree in high demand in the US.

 

 

[SalishSea 17,060]

52 minutes ago, sailbum said:

I'll look into student visa options

Also highly unlikely, as student visas are non-immigrant.  Believe it or not, USCIS/DOS has actually caught on to such tactics.

[SalishSea 17,060]

Btw, it looks like you filed the petition 10 months ago?  Honestly, I know you're disappointed, but even pre-covid, filing with so little time before the K-2's 21st birthday would probably have had the same result.

Edited October 9, 2021 by Jorgedig

[HRQX 4,145]

9 minutes ago, Jorgedig said:

Also highly unlikely, as student visas are non-immigrant.  Believe it or not, USCIS/DOS has actually caught on to such tactics.

Not only intent is an issue, but as aaron2020 mentioned it's very expensive, and if she becomes out of status (i.e. fails to maintain a valid I-20, etc.) or works without authorization then adjustment bars would apply:

• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6
• https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-5

Edited October 9, 2021 by HRQX

[HRQX 4,145]

1 hour ago, Jorgedig said:

Btw, it looks like you filed the petition 10 months ago?

*17 months ago; I.e. May 2020: https://www.visajourney.com/timeline/profile.php?id=364884

[sailbum 4]

Kiddo does have a college degree and I work at a major manufacturer which hires a multitude of international workers including those with the degree she holds.  So... maybe?  Dunno.  But I can ask HR here about what they can advise. Maybe nothing.

 

Though it is now 17 months after initial petition the kiddo's 21st b-day about 10 months after.  It is what it is. Not much I can do about that part of the timeline now.