Out of Status on K2 visa

[atopcu 0]

As the title says, I'm currently living in the US out of status with an expired K2 visa. I came here when I was 13 and my step dad, whom my mom was married to, died after we came because of an unexpected sickness. Because of this unfortunate event, we never finished our AOS papers. At the time we were clueless so we stayed here. I didn't really know what was going on as a 13 year old anyway. I graduated from high school with very good grades and have never gotten in trouble with the law. I couldn't go to college because of my situation even though money wasn't a problem at all. Though if everything works out, I definitely plan on continuing with my education.

Long story short, today I am 20 and married to my beautiful wife and we already consulted with few lawyers and sent my AOS packages in with a lawyer representing us. The lawyer thinks this will be a fairly easy case and doesn't see any problems arising, but I'm also aware of how lawyers can be; hence why I'm asking here.

Should I be expecting any problems? I'm aware that with a K1 visa, you can only get your status adjusted by marrying the person whom you originally intended to in your paperwork. However, I'm not seeing much information on K2.

Thanks for any replies.

[Darnell 8,479]

uhm

a K-2 is a derivative visa -

with YOUR status deriving from YOUR MOTHER's STATUS

so

if SHE'S not filed any AOS all these years,

you really should check into that for her, and soonish.

[Brother Hesekiel 2,236]

+1.

[atopcu 0]

uhm

a K-2 is a derivative visa -

with YOUR status deriving from YOUR MOTHER's STATUS

so

if SHE'S not filed any AOS all these years,

you really should check into that for her, and soonish.

OK?

Exactly what should I check into?

I'm guessing this is bad news

[Darnell 8,479]

have your Mom call USCIS , get tier 2 human - see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5 and understand what a Tier 2 Human at USCIS is.

Then - when she's ready - have her to call in, and inquire with the ISO exactly what her status is, and what she needs to do to ADJUST status based on death of petitioner after consummation of marriage.

[VanessaTony 3,567]

I know this isn't the right place for this so I'm hoping my move will give you better advice...

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Effects of Major Family Changes on Immigration Benefits as this is a more appropriate location**

[JimVaPhuong 4,863]

As the title says, I'm currently living in the US out of status with an expired K2 visa. I came here when I was 13 and my step dad, whom my mom was married to, died after we came because of an unexpected sickness. Because of this unfortunate event, we never finished our AOS papers. At the time we were clueless so we stayed here. I didn't really know what was going on as a 13 year old anyway. I graduated from high school with very good grades and have never gotten in trouble with the law. I couldn't go to college because of my situation even though money wasn't a problem at all. Though if everything works out, I definitely plan on continuing with my education.

Long story short, today I am 20 and married to my beautiful wife and we already consulted with few lawyers and sent my AOS packages in with a lawyer representing us. The lawyer thinks this will be a fairly easy case and doesn't see any problems arising, but I'm also aware of how lawyers can be; hence why I'm asking here.

Should I be expecting any problems? I'm aware that with a K1 visa, you can only get your status adjusted by marrying the person whom you originally intended to in your paperwork. However, I'm not seeing much information on K2.

Thanks for any replies.

Have you left the US at any time since you entered with a K2 visa? If not, then I think you're screwed.

Someone who entered with a K2 visa has derivative status, as Darnell explained. You are eligible to adjust status only if your mother adjusts status. Your mother is eligible to adjust status only through marriage to the petitioner who submitted the I-129F. From what you explained, it sounds like she married him, but then he died before she could adjust status. With the petitioner dead, the only way she could adjust status based on that marriage would be if they were married at least two years, and she submitted a self-petitioned I-130 within two years of his death. Did she do that?

The reason I asked if you left the US anytime is because your ability to adjust status depends entirely on your non-immigrant status the last time you entered the US. If you had left the US and reentered with a tourist visa, for example, you would be eligible to adjust status. If you haven't left the US in all that time then you can only adjust status based on the K2 entry, which is probably impossible unless your mother adjusted status as described above. You can leave the US now to cancel the K2 entry, but you'll receive an automatic 10 year ban because you've overstayed more than a year since your 18th birthday.

If your lawyer has any insight that I'm not aware of, please share it with us.

[atopcu 0]

Have you left the US at any time since you entered with a K2 visa? If not, then I think you're screwed.

Someone who entered with a K2 visa has derivative status, as Darnell explained. You are eligible to adjust status only if your mother adjusts status. Your mother is eligible to adjust status only through marriage to the petitioner who submitted the I-129F. From what you explained, it sounds like she married him, but then he died before she could adjust status. With the petitioner dead, the only way she could adjust status based on that marriage would be if they were married at least two years, and she submitted a self-petitioned I-130 within two years of his death. Did she do that?

The reason I asked if you left the US anytime is because your ability to adjust status depends entirely on your non-immigrant status the last time you entered the US. If you had left the US and reentered with a tourist visa, for example, you would be eligible to adjust status. If you haven't left the US in all that time then you can only adjust status based on the K2 entry, which is probably impossible unless your mother adjusted status as described above. You can leave the US now to cancel the K2 entry, but you'll receive an automatic 10 year ban because you've overstayed more than a year since your 18th birthday.

If your lawyer has any insight that I'm not aware of, please share it with us.

No i did not leave the US during that time. He died a year after their marriage, so they weren't technically married for two years, which is what messed it all up for us. Although there is a law that we could benefit from that was passed recently, it doesn't include the cases that happened before the law. So if they exact same thing happened today, we would've been fine.

Well this sucks. What I don't get is, if I'm just going to get denied, how come they asked for RFE (some tax info that was missing) on my papers? It doesn't make sense.

Do I have any options at all? Besides leaving and waiting 10 years obviously.

[JimVaPhuong 4,863]

No i did not leave the US during that time. He died a year after their marriage, so they weren't technically married for two years, which is what messed it all up for us. Although there is a law that we could benefit from that was passed recently, it doesn't include the cases that happened before the law. So if they exact same thing happened today, we would've been fine.

Well this sucks. What I don't get is, if I'm just going to get denied, how come they asked for RFE (some tax info that was missing) on my papers? It doesn't make sense.

Do I have any options at all? Besides leaving and waiting 10 years obviously.

The RFE means they couldn't proceed with your application without the necessary documents. It doesn't even remotely mean you'll be approved. Many people aren't denied until the interview. This is because there are facts that could be revealed during the interview, but which are not revealed in the documents and forms you submitted, that could change the outcome. They'll probably ask if you've left the US, and under what sort of visa you returned. When they determine your last entry was with a K2 visa then that will probably end your case.

You really ought to consult with a good immigration attorney. There could be scenarios that I'm not aware of that might apply to you.

[atopcu 0]

Any suggestions on a good attorney?

[Boiler 46,414]

http://www.scottimmigration.net/

[indian guy 13]

you entered legally, and you were child when you entered. child cannt make is own domain, therefore you will not have any problem from adjustment as long as you have legal entry, no criminal history, and marriage entered in good fairh. only caution you have to take, you should not leave prior to getting Green card, not even on AP, aviod Bar to kick in.

[atopcu 0]

you entered legally, and you were child when you entered. child cannt make is own domain, therefore you will not have any problem from adjustment as long as you have legal entry, no criminal history, and marriage entered in good fairh. only caution you have to take, you should not leave prior to getting Green card, not even on AP, aviod Bar to kick in.

I hope you're right Pascal. I'll find out soon enough, I guess. I'll let you guys know how it goes.

[Darnell 8,479]

hey - what happened? http://www.visajourney.com/forums/topic/281605-out-of-status-on-k2-visa/page__view__findpost__p__4276996