lovenlife

Don't see what that the K-2 has to meet the definition of a stepchild? Your right because there is nothing that says that. With other IR Immigrant petitions this would be the case, to be considered an IR the relationship to the USC would have to be established prior to the "child’s" 18th B-day, but not in the case with a nonimmigrant K-2, they derive benefit up to the age of 21 as derivative beneficiary of the K-1 parent.

istoleabloke

David's son was 19 when he received his K-2 visa last year...the I-129F specifically states that the child must be under 21, not 18. We had to go the K-1/K-2 route, because his son would not have been able to move to the US had David and I married in the UK, because I wouldn't have been able to submit an I-130 since the stepparent/stepchild relationship wasn't established before he was 18 (and the I-130 states that restriction).

We were concerned about the age-out issue since his son will be 21 in January, but have fortunately had the AOS interviews and green cards received in August.

Best of luck to you straightening this mess out. I have followed your story on another forum and keep hoping to see good news.

lovenlife

Thanks istoleabloke, we hope to hear some good news to.

Our lawyer and another lawyer have a meeting with a senior adjudicator on Tuesday this week at the Washington DC district office in Fairfax VA. The USCIS asked to have this meeting between the 2 lawyers, both having similar cases, ours which is still pending, and one in which the K-2 was denied, because of them turning 21 whilst their I-485’s were pending USCIS adjudication interviews.

<fingers crossed>

spmalone

My prayers and hope is with both of you. I just do not understand why it has to be so hard. When all I see is good people doing their very best to do it the right way.

Folinskyinla

Hey Curtis:

Keeping my fingers crossed too. If it works, you owe me.

Good luck.

lovenlife

Thanks all, here is the latest scoop...........................

The Adjudicator and all the Supervisors there snubbed my lawyer and the other counsel on the meeting that was scheduled. The attorneys went to see the Adjudicator after they verified the meeting place and time, and when they arrived they were told that she wasn’t available. They then asked to see a supervisor. They waited some 30 minutes or more, and no one showed. They are going to try to setup another meeting in the near future.

Great, the USCIS is killing me…………………….

spmalone

I just can not believe it!!!!!!!!!!!! You would think we were very bad people, not USC trying to do the right thing. It is just simply wrong.