HELP !!! K1/K2 AOS Interview This Morning . . .

[Shari 6]

So we went to Atlanta for the AOS interview. My husband, Keith, was basically approved. The immigration officer said he saw no problem why Keith wouldn't be approved but he said he did his approvals on Friday. He didn't take his I-94 nor stamp anything in his passport. He said when we got the paperwork the green card would come in 1-2 months!!! He said if Keith needed the stamp in his passport before he got the card (for work purposes as a couple companies require the green card), he would have to make an Infopass appointment and drive BACK to Atlanta for them to place the stamp in there.

The worse thing that happened though is that he said as soon as he saw my step-son's age (19), he knew there was a problem. HUH??? He said Keith and I would have had to file our I-129 BEFORE Daryl turned 18. I told him I thought it was 21 as I had researched it before we filed (though obviously did not have any paperwork with me as I never thought it would have been a problem). The officer said if it was Keith and my biological child that child could come over until 21. He said he worked for Immigration in Texas in Deportation before being transferred to Atlanta just two months ago. I am thinking he doesn't know what i going on. When we got home, I saw TWO DIFFERENT wordings of this. One says that I can petition for my fiance's child (when he was still my fiance) who is under the age of 21!!! Another says the "child' has to have turned 18 before immigration paperwork was stareted. The thing is, I even emailed London last year and asked this same question. They verified as long as he was under 21 it was okay. So now we are awaiting a reply which we will not get for a week. The officer said he will try to find a "loophole" so that Daryl does not have to be deported. He will email/write/call his Texas associates and find out.

On top of that, the officer did not have Daryl's medical in his file. They had Keith's and he even admitted that it was their fault, but if the AOS is approved, Daryl will have to have another medical done. When we got home we found the receipt for Daryl's medical, but I don't think he will accept this, so we will be out another $150+ because "they" lost it.

So we are freaked out about Daryl's status, and questioning why this office didn't actually approve Keith today or anything. Has anyone else not gotten 100% approval on the day? The officer said that even though he does his approvals on Friday, he wants to keep Keith's and Daryl's files together, so he said he probably would not approve Keith's until next Friday.

Please let me know of any K2s out there that were 18 when the K1's I-129F was filed so I can know if I am wrong or he is. How in the world would it have made it through California, through the NVC, through London, and back here without somebody saying Daryl was too old?

Suggestions???

[Trompe le Monde 1,107]

The officer said if it was Keith and my biological child that child could come over until 21.

If he was your biological child, he could come and stay as long as he wants because he'd be a US citizen!

[Crazy_Brit 0]

What a bloody mess, nothing surprises me any more!!!! I cant believe it at least my son is only 16 but if it was taking as long as it was i might have been in the same situation but it never even occured to me about Glenn's age as it all had been approved for the K2.

Keep us up to date about what happens.

Crazy brit

[Shari 6]

The officer said if it was Keith and my biological child that child could come over until 21.

If he was your biological child, he could come and stay as long as he wants because he'd be a US citizen!

I worded that wrong, sorry. My brain is fried and I'm in tears. I've just gone back and read the posts frmo the other two couples that went to Atlanta this week. They got their files stamped approved and got their passport stamped approved. We have NOTHING for Keith and even worse for Daryl. WHYYYYYYYYYYYYYYYY ??????????????

[JayJay 4]

[qoute] The officer said if it was Keith and my biological child that child could come over until 21.

If he was your biological child, he could come and stay as long as he wants because he'd be a US citizen!

...Iffff....he was born in the United States

Well I don't know what to say Shari *hugs* - I do hope evrything is fine though - at leats you got ancie immigration officer Don't panice though - just DO NOT panic. Even if the worst come sto the worst, deportation proceedings take a LONG time - and I know that's on your mind right now. What will NOT happen, is that men in black suits come to your place and take Daryl off in shackles Mmmkay?

And as for Keith getting approved - I'm sure he will - I shall light a candle for you all this weekend in our new home, just like certain people did for Ben and I when we needed it most - so we're passing the love on!

My thoughts are with you - and I bet someone will come along with sound, constructive advice very soon! (F)

[Peggy 1]

From what I have read and understood about K-2's, is that he has to be your step child before he is 18. Now that is just what I understand it to be. I might be wrong. I find they word it so it seems like they can adjust till they are under the age of 21.

It seems like a few people on here are having problems with the K-2 AOS because of the age.

Maybe you can pm Griona. I hope I spelled that right. I think you know who I mean, she has had problems with her son's adjustment I believe for awhile now.

I hope someone can give you some more input on this Shari.

I hope you get this worked out soon.

Shari, I see that you were married on Oct 1st.

How old was Daryl when you got married?

[Shari 6]

Maybe you can pm Griona. I hope I spelled that right. I think you know who I mean, she has had problems with her son's adjustment I believe for awhile now.

I already PM'd her after I posted this. Thanks!

[Shari 6]

From the USCIS Website:

"How Do I Bring My Fiancé(e) to the United States?

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). . . . .

. . . . You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States."

This is spelled out black and white on the web site. Am I wrong???

[JayJay 4]

You know, I don't see how you can be. This is a very, very odd situation, isn't it. Unfortunately as I have no unmarried children under the age of 21 I don't know... I hope they get this sorted extremely soon. What a bunch of cr*p!

*more hugs* (F)

[I'm Gone 60]

http://uscis.gov/graphics/howdoi/agingout.htm

How Do I Prevent My Child From Losing Benefits at Age 21

What is an "Aging Out" case?

An "Aging Out" case is a situation referring to a person’s petition to become a permanent legal resident as a "child" (for definition please see child as defined in the Immigration and Nationality Act), and in the time that passes during the processing of the application, the "child" turns 21, and "Ages Out."

http://uscis.gov/graphics/services/INADEFS.pdf

DEFINITION OF CHILD AND PARENT IN INA

[Peggy 1]

Ok from what thats says Shari, your step son should be alright.

Hell I dont know. Seems like people are having so much problem with this when it comes down to the age.

[iceyspots 0]

Congrats on the approval... Hope everything goes okay with your son.

[Shari 6]

http://uscis.gov/graphics/services/INADEFS.pdf

DEFINITION OF CHILD AND PARENT IN INA

This says:

DEFINITION OF CHILD AND PARENT IN INA

CHILD: as used in Titles I & II

SEC. 101(B)(1)

The term ‘child’ means an unmarried person under twenty-one years of age who is -

a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred.

But again, the USCIS site says: "You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States."

SO WHICH ONE IS RIGHT? WHY DO THEY CONTRADICT THEMSELVES?

[Peggy 1]

See thats what I understood it to be as.

The K-2 has to be under 18 when he becomes your step child.

Thats how I am reading it. It seems to be why K-2's are having a hard time adjusting if they were over the age of 18 when they became the step child.

Did your step son just turn 19, and how old was he on Oct 1st when you married his dad.

[Shari 6]

I found my email from London last May. They wrote:

"Chlidren under the age of twenty-one who have no claims to U.S. citizens may derive status from a fiance'(e) visa petition filed on behalf of his/her parent".

That comes from the Consular Information Unit, U.S. Embassy London. How much clearer could it be?