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

[Peggy 1]

I dont know but maybe it all means that the K-2 has to be under 18 when he becomes the step child, but under 21 by the time his AOS goes thru.

They need to word this different for the parents applying to get K-2's for their child.

I mean you go thru all this process and approved, then for them to turn around and say he is too old.

Thats just not right. They need to make it clear so that people know their options when it comes down to the age.

I hope Griona pm's you back soon Shari.

She will probley give you your best information concerning this.

[Shari 6]

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

Yes, he just turned 19. He had turned 18 last February (2005). We got married October of 2005. But what about the USCIS wording: "You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States."???

This is so frustrating!

[Peggy 1]

Ok so they are saying since he was ALREADY 18 when you got married, then that is why he cant AOS.

So I am trying to figure out what they mean about being under 21.

I just cant wrap my brain around that.

[Irinei 0]

This is almost like the problem we are having, only the K-2 has expired and deportation proceedings are taking place!

Keep pushing and get this taken care of as soon as possible!

[tamz 0]

Shari-

I am broken hearted to hear of your troubles in Atlanta. I dont understand why they didnt stamp your husbands passport, and why he suggested you make an info pass appointment to get a stamp if you plan to leave the US. That doesn't seem right.

I've never paid much attention to the 'age out' proccess of k-2's as my daughter is 7..but i hope that this awful mess gets straightend out quickly.

I hope they find a loop hole for your step-son. Our prayers are with you and please keep us updated.

tamz

[I'm Gone 60]

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.

If I understand this correctly the boy isn't a step-child he's her natural born child. The K-2 is adjusting on the back of the K-1, which is his natural mother.

I believe that is refering more to man or woman that marry and they file the I-130 petions and the immigrant spouse has a child over age at the time they marry, which then becomes a step-child, but is ineligible to come with the mother as a child.

It might be a good idea to talk with an immigration lawyer on this one. I can see this being a case where two people could read this and say it means two different things.

[Peggy 1]

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.

If I understand this correctly the boy isn't a step-child he's her natural born child. The K-2 is adjusting on the back of the K-1, which is his natural mother.

I believe that is refering more to man or woman that marry and they file the I-130 petions and the immigrant spouse has a child over age at the time they marry, which then becomes a step-child, but is ineligible to come with the mother as a child.

It might be a good idea to talk with an immigration lawyer on this one. I can see this being a case where two people could read this and say it means two different things.

Ok, I finally see what they are saying now.

They should have written that out in a different way if that is the correct meaning of what they mean.

No wonder so many are having troubles with AOS.

I would contact a lawyer to Shari to see what they have to say about this situation.

Hugs

[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.

If I understand this correctly the boy isn't a step-child he's her natural born child. The K-2 is adjusting on the back of the K-1, which is his natural mother.

I believe that is refering more to man or woman that marry and they file the I-130 petions and the immigrant spouse has a child over age at the time they marry, which then becomes a step-child, but is ineligible to come with the mother as a child.

It might be a good idea to talk with an immigration lawyer on this one. I can see this being a case where two people could read this and say it means two different things.

Ok, I finally see what they are saying now.

They should have written that out in a different way if that is the correct meaning of what they mean.

No wonder so many are having troubles with AOS.

I would contact a lawyer to Shari to see what they have to say about this situation.

Hugs

OK, I know my brain is fried right now, but I'm not sure what MDYoung is saying, so can either MDYoung or Pink_Roses explain. I, Shari, am the USC. My husband, Keith, has the son who is now my step-son. So are you thinking it is okay for him being 19 on a K2 with his dad's K1 (fiance' visa), but it wouldn't be if he was a K4 on a K3 (spousal visa)? Thanks.

[munchkins 0]

Shari, I can't help with any of this, I'm sorry, but I CAN read and what the London consulate says seems cut and dried to me. So as JayJay says DON't WORRY, easier said than done I know, but you will get it sorted.

Just wanted to give you my support and send loads of ****HUGS**** to you and yours. Try to relax over the Easter break and put it all out of your mind for a couple of days -- and then come out fighting!!

Many times in theis process it is as if the right hand does not know what the left hand is doing

[Dan&Mitzi 0]

I am so shocked & so sorry to read this. Hopefully it is just a mistake & will be sorted out soon. If there is anything I can do to help, just let me know. Or if you just need someone to talk to, e-mail me or phone me anytime.

Mitzi

[Crazy_Brit 0]

If I were you print all the evidence off the websites that you have found on their own websites and write a letter to your congressman exlpaining and insist that you meet with him and he sorts this out for you, as you are in the right!!!! It seems to me it is pot luck who you get some immigration officers have an idea what is right and some just have no idea and that is why there every bodies case is different it depends if you get some one who is well trained or a bloody idiot who knows nothing.!!!!!

Keep in touch and let us know how it goes

Crazy Brit

[spmalone 0]

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?

K-2's DO NOT HAVE TO BE UNDER 18. I just went through this with my K-2 and last night we got her approval. Spent 12k to have USCIS say sorry here is your green card. The problem comes from AOS not from the VISA. The laws that deal with the AOS use the words "minor child" which some people are trying to say means under 18. There is hope if you have time to wait. USCIS is about to release a document clearing up the issue. I have been lead to beleive it well say under 21. Our lawyer has names and phone numbers of USCIS people in Washington who are working issue. I could put you together if you want.

I feel you pain so much.

Shawn

[Girona40 0]

I will PM Shari on her situation - Daryl is absolutely fine and the caseworker is totally wrong!

The step-parent relationship only needs to be created before the child is 18 if you are filing an I-130, which you don't for K-2. If the K-2 is listed on the original I-129F then they derive benefit from the K-1 parent. Once they enter the US and are under 21 and unmarried, the K-1 marries within the 90 days to the original petitioner, they are set. The K-2 is then entitled to AOS and there is no age restriction on that. The only age restriction is on the age they are when the enter the US. Oh, and the CSPA doesn't cover K-2's, because the K-2 is a non-immigrant petition. But the CSPA doesn't need to cover K-2's because they don't age-out anyway.

Irenei - naturally, the K-2 visa has run out, it expired the minute it was used to enter the US. It has no bearing on the AOS application, if your child entered the US on it. Although there is a date on it, by which it has to be used, it can only be used to enter the US once. So, naturally, every K-2 expires the minute the K-2 enters the United States. If the child was under 21 at the time of entry then the same rules, as above, apply in your case.

There is no reason why the caseworker should have put off (until Friday) the approval for Keith. If the interview was held that day, it should have been approved or denied that day, unless they requested further information from you - biometrics, or something like that. I've never heard anything so ridiculous as "I do my approvals on a Friday". What he means is that he is a lazy so and so that saves up all his paperwork until Friday. I would have wanted to speak to his supervisor.

Sounds like Shari was just unlucky and got a complete idiot on the day of their interview, who doesn't have a clue what he is doing!

[lovenlife 0]

I will PM Shari on her situation - Daryl is absolutely fine and the caseworker is totally wrong!

The step-parent relationship only needs to be created before the child is 18 if you are filing an I-130, which you don't for K-2. If the K-2 is listed on the original I-129F then they derive benefit from the K-1 parent. Once they enter the US and are under 21 and unmarried, the K-1 marries within the 90 days to the original petitioner, they are set. The K-2 is then entitled to AOS and there is no age restriction on that. The only age restriction is on the age they are when the enter the US. Oh, and the CSPA doesn't cover K-2's, because the K-2 is a non-immigrant petition. But the CSPA doesn't need to cover K-2's because they don't age-out anyway.

Irenei - naturally, the K-2 visa has run out, it expired the minute it was used to enter the US. It has no bearing on the AOS application, if your child entered the US on it. Although there is a date on it, by which it has to be used, it can only be used to enter the US once. So, naturally, every K-2 expires the minute the K-2 enters the United States. If the child was under 21 at the time of entry then the same rules, as above, apply in your case.

There is no reason why the caseworker should have put off (until Friday) the approval for Keith. If the interview was held that day, it should have been approved or denied that day, unless they requested further information from you - biometrics, or something like that. I've never heard anything so ridiculous as "I do my approvals on a Friday". What he means is that he is a lazy so and so that saves up all his paperwork until Friday. I would have wanted to speak to his supervisor.

Sounds like Shari was just unlucky and got a complete idiot on the day of their interview, who doesn't have a clue what he is doing!

Girona is correct, the AO is WRONG, we know of another case in Denver that went through the same ordeal, I just got an email from them that his child was approved, AFTER the child was denied, and they went to Immigration Court to get it cleared up.

I'd make an infopass appointment and talk with a supervisor. Here is the key bit in the law:

CFR 8 214.2(k) (3) Children of beneficiary. Without the approval of a separate petition on his or her behalf, a child of the beneficiary (as defined in section 101(B)(1) (A), (B), ©, (D), or (E) of the Act) may be accorded the same nonimmigrant classification as the beneficiary if accompanying or following to join him or her.

A child defined in sec 101(B) is in a nutshell an unmarried person under 21, no step relation needs to be met to the USC petitioner.

Edit: Sorry those darn smiley thingys shouldn't be there. Here a link to the section:

http://uscis.gov/lpBin/lpext.dll/inserts/s...lb-8cfrsec2142k

Edit again: Hey Spmalone Got your email congrats!!!!!!!!!!!!!!!!!!!!!

Edited April 14, 2006 by lovenlife

[Shari 6]

Girona is correct, the AO is WRONG, we know of another case in Denver that went through the same ordeal, I just got an email from them that his child was approved, AFTER the child was denied, and they went to Immigration Court to get it cleared up.

I'd make an infopass appointment and talk with a supervisor.

I really hope the officer will find out through his office people and not have to deny it first and have us go through an appeal. Keith still does not have a job and we don't have the money. We live in B'ham and Infopass in in Atlanta, so that is another day off work and more expense to try to fix something he officer might have screwed up, looking at K4 law versus K2 law as Girona40 and Lovenlife have stated. The other thing is about Daryl's medical not being in his file. I wonder if they would still require him to get one if Keith has the receipt for it, London obvioulsy would not have approved Daryl's K2 Visa without it, and the officer admitted "they" lost it. Anyone had this come up before?