denial

[Jimm]

My fiancees son is 19 years old. I have been told that is one of the main reasons for our denial. Apparently there is a gray area between 18 and 21. They would not give us a real reason just that paper that says we were denied. Has anyone had that problem? I tried to speak to someone there but was told they will not talk to petioners except on the forum hour.

Edited September 22, 2010 by Jimm (see edit history)

[dnoblett]

I have seen plenty of approvals with K-2,K-4 children in that age bracket.

[Randy W]

My fiancees son is 19 years old. I have been told that is one of the main reasons for our denial. Apparently there is a gray area between 18 and 21. They would not give us a real reason just that paper that says we were denied. Has anyone had that problem? I tried to speak to someone there but was told they will not talk to petioners except on the forum hour.

 

 

You don't say if you are K-1 or K-3. There IS a problem with K-4 in that age range because they are unable to adjust status in the states. My lawyer told me that she had seen a memo from the DOS advising the overseas consulates to NOT issue visas to those children. If the child was over the age of 18 at the time of your marriage, you will be unable to file an I-130, which is needed for the child to adjust status. If the child was UNDER the age of 18, however, you should be okay.

 

If he is K-4, he may be denied an Adjustment of Status if he becomes 21 years old before his I-485 application is processed in the US. No I-130 can be filed, and the Child Status Protection Act isn't applied for that reason.

 

If he files his I-485 before his 21st birthday, however, he may have a legal remedy in court.

 

However, in the past, K-2 applicants have been encouraged to apply for K-4's for their children right up to the age of 21. I don't think we've heard of a denial for that reason.

[dnoblett]

My fiancees son is 19 years old. I have been told that is one of the main reasons for our denial. Apparently there is a gray area between 18 and 21. They would not give us a real reason just that paper that says we were denied. Has anyone had that problem? I tried to speak to someone there but was told they will not talk to petioners except on the forum hour.

 

 

You don't say if you are K-1 or K-3. There IS a problem with K-4 in that age range because they are unable to adjust status in the states. My lawyer told me that she had seen a memo from the DOS advising the overseas consulates to NOT issue visas to those children. If the child was over the age of 18 at the time of your marriage, you will be unable to file an I-130, which is needed for the child to adjust status. If the child was UNDER the age of 18, however, you should be okay.

 

If he is K-4, he may be denied an Adjustment of Status if he becomes 21 years old before his I-485 application is processed in the US. No I-130 can be filed, and the Child Status Protection Act isn't applied for that reason.

 

If he files his I-485 before his 21st birthday, however, he may have a legal remedy in court.

 

However, in the past, K-2 applicants have been encouraged to apply for K-4's for their children right up to the age of 21. I don't think we've heard of a denial for that reason.

The code word in the OP's post is "Fiancee" which makes the assumption K-1/K-2.

 

Also was it a denial "White" slip, or simply additional processing as in a "Blue" slip?

 

They do issue K-2 to 20 year olds. Example: http://candleforlove.com/forums/index.php?showtopic=42245&view=findpost&p=561665

[Randy W]

My fiancees son is 19 years old. I have been told that is one of the main reasons for our denial. Apparently there is a gray area between 18 and 21. They would not give us a real reason just that paper that says we were denied. Has anyone had that problem? I tried to speak to someone there but was told they will not talk to petioners except on the forum hour.

 

 

You don't say if you are K-1 or K-3. There IS a problem with K-4 in that age range because they are unable to adjust status in the states. My lawyer told me that she had seen a memo from the DOS advising the overseas consulates to NOT issue visas to those children. If the child was over the age of 18 at the time of your marriage, you will be unable to file an I-130, which is needed for the child to adjust status. If the child was UNDER the age of 18, however, you should be okay.

 

If he is K-4, he may be denied an Adjustment of Status if he becomes 21 years old before his I-485 application is processed in the US. No I-130 can be filed, and the Child Status Protection Act isn't applied for that reason.

 

If he files his I-485 before his 21st birthday, however, he may have a legal remedy in court.

 

However, in the past, K-2 applicants have been encouraged to apply for K-4's for their children right up to the age of 21. I don't think we've heard of a denial for that reason.

The code word in the OP's post is "Fiancee" which makes the assumption K-1/K-2.

 

Also was it a denial "White" slip, or simply additional processing as in a "Blue" slip?

 

They do issue K-2 to 20 year olds. Example: http://candleforlove...ndpost&p=561665

 

You can also look at my timeline for another example

 

This, if he WAS denied a visa for being near 21, would represent a new tack on the part of GUZ.

 

Possible, but my guess is that there's another reason.