K2 process

[lilysrose2006]

My I-129F is in progress (I hope). My SO has a 20 year old son she wants to include in the Visa process. When does the K2 process begin? Once the I-129F is approved? Is there something I can be doing now to expedite this process? Thanks in advance for your comments.

[Trigg]

Ouchy! There is an age limit and I think he may have passed it. Others with more exact knowledge will chime in--maybe I'm wrong?

[frank1538]

I'll share my experience with my step daughter. When I petitioned for the family, she was 19 and had turned 20 by the time of the K-1/K-2 interview. I believe as long as K-2 applicant is under age 21 at the time of visa issuance, the applicant is still considered a "child" for derivative K-2 status. KK got her K-2 at age 20. The family arrived in February, Jingwen and I got married, and we filed for AOS in April. KK was 20 when we filed her I-485, and I'm still not certain whether the CSPA (Child Status Protection Act) kicked in to keep her "child" status during the AOS process. Apparently, it didn't make any difference because she was approved after her 21st birthday and eventually received her green card.

 

I think two dates are critical for K-2 children. First, the child must be under age 21 (and unmarried) when the K-2 visa is issued. I don't think the CSPA applies to a non immigrant visa like the K-2, so the child's status isn't frozen. Second, I would strongly suggest that the AOS filing be done before the child turns 21 if at all possible.

 

Based on where you appear to be in the process (still at USCIS), you may be looking at another 6 months before the interview at the consulate. If the child will still be 20 by this time, the K-2 should still be available. If not, your options may well be limited..

[lilysrose2006]

This gets into a rather nasty area of immigration law. Hopefully Frank will chime in. The problem is age of the child. There is a 21 age-out that will likely come into effect. There is also a catch-22 that if he gets a K-2, he can come to the US, but may not be able to do AOS. Some of this has been posted before and you may be able to dig it up by searching.

 

I'd recommend that you get all the facts you can on obtaining a visa and AOS for a 20 year old child. I'd also recommend other sites like VJ since the question isn't consulate specific; it applies to all countries. With their much larger member base, I'd guess there is more info over there.

 

My SO's son will be 20 this month so I am HOPING we can have this wrapped up prior to him turning 21. Are there K2 froms that need to be submitted, or as long is he was included on the I-129F petition is that all is required?

 

Thanks so much for you valuable feedback.

 

David

[lilysrose2006]

Simply list him on the I-129F as her son. When the petittion gets to the consulate and your SO gets the P-3, you need to also fill out the P-3 paperwork for him. If they only send one packet, it's fine to make copies.

 

Thanks! That was my understanding from the local Immigration office, but because of his age I was in panic mode.

 

David

[LeeFisher3]

The object is to get him in the US before his 21st birthday, which shouldn't be a big issue. Then you will want to get married and file AOS for wife and son before his birthday to avoid the chance that someone wants to interpret the law in a new and exciting way.

 

I believe the CSPA should kick in to get him through AOS, that was it's purpose, but to help your case along you will want to try to have your I-797C for AOS with a receipt date earlier than his 21st birthday.

 

Remember, it's a government operation and little things can be made big if the wrong person looks at the case.

[david_dawei]

The Child Status Protection Act ¨C Memorandum Number 2

http://www.uscis.gov/graphics/lawsregs/han...k/CSPA2_pub.pdf

 

"Under the literal language of the statute, the CSPA applies only to immigrant visa categories specified in the statute and the law does not contain a provision allowing for its application to V visa/status, K, or other nonimmigrant visa cases."

 

"While nothing would necessarily prohibit an alien who once was a K4 from seeking to utilize the CSPA upon seeking adjustment, an alien who is a K2 cannot utilize the CSPA when seeking to adjust."

[warpedbored]

Frank can probably shed more light but I am fairly certain the rules are different for K-4 than they are for K-2. A different forumula is used based on the childs age at the time of marriage. If a K-2 or K-4 ages out before the interview then it is much more difficult. They fall into the status of child of permanent resident whick is a second priority visa based on a quota. This timeline takes years. If the mother becomes a naturalized citizen then it becomes a first priority visa but is still subjected to a quota system and still takes 2-3 years.