Our friends dilema...

[natrigon]

Hi there,

 

Our friend in the NY area arrived on a K1, her son soon followed on a K2. The mother was married in Sept 04 and the son followed soon after.

 

Now for the problem. The son just turned 21. Why was he allowed a k2 visa from GZ just before he turned 21 I don;t know. But when they tried to file for AoS the lawyer told them "he is to old" meaning he is older than 18 or 21 not sure. But GZ just sent him off to the USA and now the lawyer is saying his K2 will expire soon (the standard 90 days) and despite the marriage etc. he must return to China and either:

 

wait for the mother to finish the AoS and then apply for his entry

or

reapply for a different visa category (student/work/?)

 

So that is the story..... any creative ideas?? The mother is in full panic mode.

 

Thanks,

 

Louis

[Robert S.]

Louis, please go to Google, choose Groups, then type in alt.visa.us.marriage-based and ask this question, or you can join www.britishexpats.com and access the newsgroup that way. They have immigration lawyers who hang out there and make a hobby of helping people. This will be an extremely interesting question for them. A lot of other regulars there know a great deal as well.

 

It seems to me that since he was under 21 at the time of his mother's marriage that she and he could file for AOS, then he could stay in America on the basis of this. I think the lawyer is wrong about him having to leave.

[frank1538]

I agree with Robert on this one. KK, my step-daughter was 20 when she was given her K-2, and Jingwen and I were married while she was still 20. She was still 20 when we filed for AOS. Given Atlanta's track record, she'll be about 30 when she finally gets adjusted, but I believe as long as the paperwork is filed before turning 21, a K-2er should be okay.

 

I do want to add an edit. If the AOS was filed after the child turned 21, this may be a problem. I can't tell from the post if this was the case, but, if so, the child might have "aged out" and may not be eligible for an adjustment of status based on his K-2 status. This is one of those murky areas.

[natrigon]

Thanks for your ideas guys. I figured that GZ gave the K-2, the marriage happened before the K2 expires and they should be able to file. I think their lawyer is a newbie. The laywer had the file and really dropped the ball on the son's issues.

 

Well thanks again I will pass the info on.

 

Louis

[Robert S.]

Really, please go and ask the question where the experts are at. There are at least three highly experienced even famous immigration lawyers that hang out there every day, not only that, there is a lady who works for a lawyer who probably knows more than anybody, plus many other long time members there who can give you a better idea than just what I was guessing.

[Guest ALm]

How do I prevent my child from losing benefits at age 21

 

Maybe this will help

 

 

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I-129F recieved at Nebraska Service Center Service -- August 12, 2004