K-1; K-2 her son turns 18!

[philb]

Help!

It's bad enough lamenting with Jesse (and others) about the wait. However, it looks like by the time my Fiance does receive the P-3 paperwork her son, who is listed as a K-2, will have turned 18 reaching adulthood.

Is this going to be one more nightmare chapter? I anticipated having to update much of the financial info...etc. My Fiance will have to get all her paperwork redone - since she jumped the gun in excitement and had it all propared in anticipation of receiving the P-3. Will I be able to bring him over at the same time?

 

Mr. NAI XIN Himself,

Phil

[hakkamike]

Help!

It's bad enough lamenting with Jesse  (and others) about the wait.  However, it looks like by the time my Fiance does receive the P-3 paperwork her son, who is listed as a K-2, will have turned 18 reaching adulthood.

Is this going to be one more nightmare chapter?  I anticipated having to update much of the financial info...etc.  My Fiance will have to get all her paperwork redone - since she jumped the gun in excitement and had it all propared in anticipation of receiving the P-3.  Will I be able to bring him over at the same time?

 

Mr. NAI XIN Himself,

Phil

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The K2 age limit is under 21 years old.

[warpedbored]

What Mike said. For K-3/K-4 it is a little different but for K-1 as long as he is unmarried and under 21 at the time of the interview he will be ok.

Edited October 8, 2005 by warpedbored (see edit history)

[philb]

Hakkamike:

 

thanks! At the rate I'm going, I'll probably be pushing the 21 limit!

 

Thanks,

 

Phil

[philb]

Carl:

 

Thanks: this will be the first positive item that I can share with Yun in a long time.

 

PS. I'm not sure why my timeline is not coming up. I checked the controls and it is all there....

 

Phil

[philb]

Da!

 

check the enable box

 

Phil

[hakkamike]

Hakkamike:

 

thanks!  At the rate I'm going, I'll probably be pushing the 21 limit!

 

Thanks,

 

Phil

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Now go drink a few beers and relax

[Guest Gene]

K-2 age limit is 21, but I seem to recall something here about you being the petitioner "step-father" has to be married to the petitionee's mother prior to them turning 18 This would apply when you file for AOS. Somebody posted here that there is a hole in the system, the child is allowed to come here on the K-2 visa no problem, but when AOS was filed there was a problem because they were not married to the childs mother before the child turned 18........I don't know maybe I just had a nightmare but worth checking into if your going to be close and after reading what I just wrote, it doesn't make any sense, but understanding that we are dealing with the USCIS that makes it even scarier

Edited October 8, 2005 by Gene (see edit history)

[hakkamike]

K-2 age limit is 21, but I seem to recall something here about you being the petitioner "step-father" has to be married to the petitionee's mother prior to them turning 18  This would apply when you file for AOS. Somebody posted here that there is a hole in the system, the child is allowed to come here on the K-2 visa no problem, but when AOS was filed there was a problem because they were not married to the childs mother before the child turned 18........I don't know maybe I just had a nightmare but worth checking into if your going to be close and after reading what I just wrote, it doesn't make any sense, but understanding that we are dealing with the USCIS that makes it even scarier

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Family-Based Applications

 

Immediate Relatives

 

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

 

I-485, Application to Register Permanent Residence or to Adjust Status

G-325A, Biographic Information

Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).

I-864, Affidavit of Support

I-693, Medical Examination of Aliens Seeking Adjustment of Status

All required supporting documentation as listed on the above forms.

 

http://uscis.gov/graphics/formsfee/forms/i-485.htm

[Guest Gene]

I hope you are right mike

Edited October 8, 2005 by Gene (see edit history)

[hakkamike]

I hope you are right mike

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If you look at the I-485 instructions it says that if you were admitted as a K2 child that you can adjust status based on your parents adjustment application, It does not give a age limit. I did make a boo-boo though, I copied and pased the Family based applications...

[jim_julian]

We are in a situation with a K2 has caused me to do significant research. Our daughter's birth father is demanding money to release her to emmigrate. My understanding, and our intention, is to delay the K2 interview until daughter is 18 and doesn't need birth father's permission.

 

She has one year to do the interview and the resulting K2 is good for six months. The capstone age for all this is 21, and of course the K2 must be unmarried.

 

At least that's our understanding ...

[frank1538]

As the others have said, 21 is the age for K-2 - the unmarried child must be under age 21 when the K-2 is issued. But, I believe that the I-485 must also be filed before the child turns 21 (with a minor exception) in order for the "derivative" status of the K-2 to continue.

 

Both my step kids came over on a K-2. One was 19; the other 20 at the time they arrived in the US. We filed their I-485's after Jingwen and I were married and before KK (the 20 year old at the time) turned 21. She received her green card after she turned 21.

 

The I-130 rule is a little different. You can file the I-130 for a step child , but you must have become the step parent before the child turned 18.

 

Here's the post Gene was thinking about that discussed some of the child/step child and 18/21 issues: http://candleforlove.com/forums/index.php?...topic=11771&hl=

[hakkamike]

As the others have said, 21 is the age for K-2 - the unmarried child must be under age 21 when the K-2 is issued.  But, I believe that the I-485 must also be filed before the child turns 21 (with a minor exception) in order for the "derivative" status of the K-2 to continue.

 

Both my step kids came over on a K-2.  One was 19; the other 20 at the time they arrived in the US.  We filed their I-485's after Jingwen and I were married and before KK (the 20 year old at the time) turned 21.  She received her green card after she turned 21.

 

The I-130 rule is a little different.  You can file the I-130 for a step child , but you must have become the step parent before the child turned 18.

 

Here's the post Gene was thinking about that discussed some of the child/step child and 18/21 issues:  http://candleforlove.com/forums/index.php?...topic=11771&hl=

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Yep, U are too right Frank, the AOS has to be filed before the 21st birthday. I posted that in my previous post and deleated it after looking at the I-485 instructions lol lol, it does not give the age?

[tywy_99]

K-2 age limit is 21, but I seem to recall something here about you being the petitioner "step-father" has to be married to the petitionee's mother prior to them turning 18  This would apply when you file for AOS. Somebody posted here that there is a hole in the system, the child is allowed to come here on the K-2 visa no problem, but when AOS was filed there was a problem because they were not married to the childs mother before the child turned 18........I don't know maybe I just had a nightmare but worth checking into if your going to be close and after reading what I just wrote, it doesn't make any sense, but understanding that we are dealing with the USCIS that makes it even scarier

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I miss this dude. I wonder why he left?

He was so happy and proud of his son and stepson. Also his lovely wife.

 

God bless Gene!