lovenlife

As many of you know we have been dealing with the Washington DC district office to get our son adjusted to LPR from a K-2. Their stance is that he is an "age out" case and should be denied. We understand, with the help of one of the lawyers that post here ;-), and our new lawyer that K-2's don't age out if they are granted a K-2, enter the US and file for AOS, prior to reaching the age of 21. There is nothing in the INA that says K-2's have to be adjudicated prior to attaining the age of 21 as with other applicantions.

I was thinking (dangerous I know), but K-1/K-2 visas are only valid for 90 days of admission. We think it likely ( based on responses from the USCIS via or Senator ) that the service's decision is going to deny our son based on the fact that they think he is ineligible to adjust because he no longer met the definition of a child at the time of adjustment, e.g. he was out of status because he no longer had a valid K-2 non-immigrant visa (because he was over 21).

But how can any K-1/K-2 non-immigrant adjust status if their visa is only valid for 90 days, whilst they wait for their adjudication interview?

Our son's K-2 expired 6 days before his 21st birthday.

With respect to other non-immigrant cases (e.g. K-3/K-4, and the V-2/V-3) there are specific "periods of admission" that terminate a child's status the day before they reach 21, or 2 years after admission which ever come first. With Immigrant cases Sec 205 seems to detail when the revocation of an approved petition is to take place once a child reaches 21.

But with a K-1/K-2 there are no such provisions, is it therefore that once they file an I-485 whilst holding a valid visa (INA Sec 245(a)) their period of admission of 90 days is "frozen"? If they then meet the conditions under INA Sec 245(d), the marriage to the USC petitioner, their adjustment should be granted, barring any other adverse circumstances?

Comments?

Sorry just thinking outloud, maybe I should just shut my yap lol

jeffreyhy

lovenlife,

My comment is that your post is confusing for 2 reasons
- you express yourself poorly, 'mixing and matching' the two separate issues of period of visa validity and period of allowed stay in the USA, and
- you don't say when your son applied to adjust status.

You say, "Our son's K-2 expired 6 days before his 21st birthday." I expect you mean that his allowed stay (as shown in his I-94) expired 6 days before his 21st birthday?

When did he submit an I-485?

Regards, JEff

lovenlife

He submitted his I-485 when he was 20. Yes correct his allowed stay was 6 days before he turned 21.

Sorry if it seemed I was mixing and matching, I was trying to point out that other visas have a specific period of admission that terminates, even if the AOS is submitted and pending, where as K-1/K-2 do not.