Calling Anyone with K-2's nearing or over 21 who haven't adjusted

[Girona40 0]

Hi All,

This is actually Girona40’s husband posting this, she is back over in the UK looking after her parents at the moment.

I would like to get into contact with any families that are in the process of either coming to the US or have filed their adjustment applications whom have a K-2 child nearing or over the age of 21. Currently we know of several families (ours included) that have had their K-2 dependents denied their Green Cards due to the fact that the K-2 dependent had attained the age of 21, prior to the USCIS completing the process. I’m sure many here are aware of our story, jo&johns as well. What we would like to do is get anyone facing this situation, or who maybe likely to face this situation, together on conference call to discuss what we can do about it. It maybe possible by pooling our efforts to get a legislative fix, if one is not forth coming from the courts. We maybe able to get an amendment to Senator Kennedy’s comprehensive immigration reform bill that is in the works now.

So if anyone would like to be included please send me a PM and include your regular email address so we can put something together ASAP.

Kind regrads

G's Hubby

[Girona40 0]

bump

[John24689 0]

We are in the same situation. I just filed a week ago. My wife's daughter is 20 now and will be 21 in May. I have called USCIS and they have assured me that if the application for AOS is received before the 21st birthday, the AOS will not be denied because the AOS is not completed by her 21st birthday.

I have read of other's who have had their dependent denied because the AOS was not completed before the 21st birthday. There may be other reasons besides age, but I don't know. I am in a wait-and-see mode at the present. They have not cashed the checks yet and they received our packages last Tuesday morning.

I would love to find a copy of the USCIS regulations which address this subject about K-2's. I understand they are others that are not K-2's that can be denied because of age. It seems to me it is the person adjudicating the files is the one who is calling the shots according to their understanding of the regulations/law.

Yes, I would like to get in on the conference call.

Have a great day.

John

[Girona40 0]

We are in the same situation. I just filed a week ago. My wife's daughter is 20 now and will be 21 in May. I have called USCIS and they have assured me that if the application for AOS is received before the 21st birthday, the AOS will not be denied because the AOS is not completed by her 21st birthday.

I have read of other's who have had their dependent denied because the AOS was not completed before the 21st birthday. There may be other reasons besides age, but I don't know. I am in a wait-and-see mode at the present. They have not cashed the checks yet and they received our packages last Tuesday morning.

I would love to find a copy of the USCIS regulations which address this subject about K-2's. I understand they are others that are not K-2's that can be denied because of age. It seems to me it is the person adjudicating the files is the one who is calling the shots according to their understanding of the regulations/law.

Yes, I would like to get in on the conference call.

Have a great day.

John

Hi G's husband here please PM me with your email so i can get you on the list.

The current policy/procedure/manual is missing the pages on the K-1/K-2 process, has been for some time. We have asked for them but the request falls on deaf ears. See Linky section 37.1 - 37.3

all of these recent cases of the K-2's being denied are only becasue they had a Birthday before the USCIS completed the adjudication of the K-2's I-485 application. That's it. In every case I know the K-1 parent got thier application aproved, where the K-2 did not. It's all been about the age.

Edited February 28, 2007 by Girona40

[Girona40 0]

Bump, sorry just trying to get the word out

[rebeccajo 14]

I'll bump it for you.

This is a sham and a miscarriage of justice. If the paperwork is filed before the 21st birthday, IMHO the government should honor that.

Are you considering a class action against USCIS? That may be what this takes.

[LaL 418]

I saw this a few weeks ago:

http://www.visajourney.com/forums/index.ph...ic=52442&hl=

[John24689 0]

Have there been any cases of where the K-1 was approved and the K-2 was approved with the K-1's dependent turning 21 after they have filed for Adjustment of Status?

I have called two times in the last two days and USCIS has both times told me as long as the AOS was filed prior to the K-2's 21st birthday, there would not be a problem (Age Out). Quite naturally, they would not give me a reference.

[jo&john 1]

Have there been any cases of where the K-1 was approved and the K-2 was approved with the K-1's dependent turning 21 after they have filed for Adjustment of Status?

I have called two times in the last two days and USCIS has both times told me as long as the AOS was filed prior to the K-2's 21st birthday, there would not be a problem (Age Out). Quite naturally, they would not give me a reference.

We filed the AOS applications...had our interviews and biometrics before my daughter turned 21....which supposedly at that time, a visa is immediately available because she is under 21...but at the time of USCIS adjudication, she already turned 21 (19 days after her birthday when they looked at our file/and we had been requesting them to expedite her case)...and that's the reason why they denied her...they said that based on their records (at the time when they opened the file) she is already 21 and thus ineligible to have a visa. So, only her 9 year old sister and I were approved. We are devastated. We are going to join that conference call too tomorrow. We had been so busy the past days that I was not able to log on at visa journey but we did received emails from G's hubby relative to this conference call. Talk to you tomorrow.

I hope that somebody here who have K-2's that got AOS approval even when they were already 21 would speak up and help us with what we are facing now....or PM Girona..and join us in the conference call.

Jo

[billrussell 0]

I ahve the same problem with a Stepson who turns 21 in 3 weeks - Question -

His visa expires on his birthday (3 weeks), so should he leave the country?