Age limit for Removal of Conditions for children

[bob&haiqing]

Hi Everybody,

 

Haiqing and I were just discussing our future tonight now that we received a PINK slip at our interview a few days ago. Our plans are to return to the USA in February or March and get married sometime in the spring but she just read something on another website that has us concerned about waiting that long.

 

Her son will be 19 years old this January and according to what she read he will be too old (over 21) come time to do a Removal of Condition on his two year green card and won't be able to receive a 10 year green card.

 

My questions are: does a child traveling on a K2 with their mother receive a 2 year or a 10 year green card when we do the original AOS after marriage? If it is a 2 year green card is there an age limit for Removal of Conditions to get a 10 year card? If there is we may have to change our plans, hustle back to the USA and get married now so we have a couple months of cushion two years from now.

 

Thanks everyone,

Bob

[dale7570]

Hi Everybody,

 

Haiqing and I were just discussing our future tonight now that we received a PINK slip at our interview a few days ago. Our plans are to return to the USA in February or March and get married sometime in the spring but she just read something on another website that has us concerned about waiting that long.

 

Her son will be 19 years old this January and according to what she read he will be too old (over 21) come time to do a Removal of Condition on his two year green card and won't be able to receive a 10 year green card.

 

My questions are: does a child traveling on a K2 with their mother receive a 2 year or a 10 year green card when we do the original AOS after marriage? If it is a 2 year green card is there an age limit for Removal of Conditions to get a 10 year card? If there is we may have to change our plans, hustle back to the USA and get married now so we have a couple months of cushion two years from now.

 

Thanks everyone,

Bob

 

your fiancee is confused. there is no age limit to lift conditions. however, if your son was nearing age 21 you could have a problem with aos, because he will not be able to adjust status after age 21. i think your fine since you will marry around his 19th birthday and have 2 years to adjust status. if i were you i would play it safe and marry before his 19th birthday.if you do this the child will be considered your step child according to immigration law.

[dnoblett]

There is no age limit for removal of conditions, they have already adjusted status, and just removing conditions.

[Randy W]

The age limit for a K-2 to file his AOS application is his 21st birthday. However, some USCIS offices interpret this (more restrictively) to mean that he must be under 21 at the time of the interview.

 

Your wife's child is always your step-child. But if you marry before the child REACHES 18, then he would be considered your child for immigration purposes, and you could file an I-130 which would preserve his status.

Edited September 25, 2008 by Randy W (see edit history)

[dnoblett]

The age limit for a K-2 to file his AOS application is his 21st birthday. However, some USCIS offices interpret this (more restrictively) to mean that he must be under 21 at the time of the interview.

 

Your wife's child is always your step-child. But if you marry before the child REACHES 18, then he would be considered your child for immigration purposes, and you could file an I-130 which would preserve his status.

I believe they are talking about filing I-751, not I-485.

 

Son/Daughter has a green-card, just a conditional one, again the age restriction has to do with AOS (I-485) NOT removal of conditions (I-751)

[dale7570]

The age limit for a K-2 to file his AOS application is his 21st birthday. However, some USCIS offices interpret this (more restrictively) to mean that he must be under 21 at the time of the interview.

 

Your wife's child is always your step-child. But if you marry before the child REACHES 18, then he would be considered your child for immigration purposes, and you could file an I-130 which would preserve his status.

I believe they are talking about filing I-751, not I-485.

 

Son/Daughter has a green-card, just a conditional one, again the age restriction has to do with AOS (I-485) NOT removal of conditions (I-751)

 

this is true, however they have not married or adjusted status yet. they are simply planning for the future.

[LeeFisher3]

Once the 2 year green card is received age has no bearing on the removal of conditions.

 

Age does play a part in getting the first green card as well as the visa.

 

Due to his age the ONLY quick option, less than 3-4 years, for him to get to the US is the K-2 follow to join option. He must receive his visa from GZ within 1 year of your fianc¨¦e or this door closes.

 

I'd recommend activating his visa interview before 6 months passes and get him in the US and the AOS process moving.

 

If you miss the K-2 option the next quickest option is for her to become a US Citizen and file an I-130 for him. She can apply for citizenship 3 years after receiving her first Green Card.

[Randy W]

Yes Dan - please realize that he does NOT have his green card - thus the information about AOS DOES apply - removal of conditions is not a concern - since, as you point out, there is no age barrier.

 

Thr K-2 process should get everything done in a comfortable time frame.

[bob&haiqing]

Hey everyone,

 

Just wanted to let you all know that Haiqing and I appreciate your posts. I'll reply to everyone next week as I had to make an unexpected trip back to Chicago last Monday because my father passed away. I'm taking care of family business the next several weeks before I head back to China.

 

Catch you all next week,

Bob

[bob&haiqing]

Thanks Dale, Dan, Randy and Lee,

 

From what you are all telling me we should be ok. My sweet Haiqing and her son already have their visas to come to the USA, we went to the post office and picked them up on September 26th, see pic

 

http://i390.photobucket.com/albums/oo349/blackbelt8/visa_in_hand.jpg

 

I'll be going back to Shenzhen by the end of this month and we'll come back to the USA some time in February or March and her son will come with us at that time. We'll get married and apply for the AOS for both of them immediately so the AOS will be done within 60 days after he turns 19 so if there is no age limit on the Removal of Conditions we are ok. He will be 21 right about the time we apply for Removal of Conditions and that was the thing that had us concerned.

 

Thanks to all of you for your help, you're all a great asset to CFL and I sincerly appreciate what you do here!

 

Have a terrific day!

Bob

[chilton747]

Hey everyone,

 

Just wanted to let you all know that Haiqing and I appreciate your posts. I'll reply to everyone next week as I had to make an unexpected trip back to Chicago last Monday because my father passed away. I'm taking care of family business the next several weeks before I head back to China.

 

Catch you all next week,

Bob

 

Sorry to hear about your father. I can relate.

 

Best Wishes

[warpedbored]

My condolences for losing your father. I lost mine 4 years ago and lost my mother a year ago. I know how you feel.

[bob&haiqing]

Hey everyone,

 

Just wanted to let you all know that Haiqing and I appreciate your posts. I'll reply to everyone next week as I had to make an unexpected trip back to Chicago last Monday because my father passed away. I'm taking care of family business the next several weeks before I head back to China.

 

Catch you all next week,

Bob

 

Sorry to hear about your father. I can relate.

 

Best Wishes

 

 

My condolences for losing your father. I lost mine 4 years ago and lost my mother a year ago. I know how you feel.

Thanks chilton and warpedbored for your kind thoughts, I appreciate it very much. Sorry to hear you both have had the same experience, I know we all do eventually and it's to be expected but never desired.

 

The hardest part was making the unexpected trip back to Chicago and interrupting our happy time together. My father passed away about an hour before I took the picture above of my sweet Haiqing holding her visa and in the middle of our celebrating we had to put everything on hold while I came back here to take care of family business.

 

I should be back in Shenzhen with her by the end of the month just before her birthday in November so we can continue with our celebrating ... the whole thing about being here now has a surreal quality to it ... I feel like I'm in the wrong place ... we had waited for seven months to be together again and thought we'd never have to be separated like this ever again only to be jerked away from her.

 

Unfortunately, getting her visa the same day my father passed away did not give us enough time to finish things in China before coming to the USA together ... so we chose that I go alone, then return to get her.

 

Thanks again and have a terrific day!

Bob