Age requirement for adjustment of status for K-2 holder?

[JamesS]

Hi all,

I am a US citizen. And my fiance is a Chinese citizen, who has a 19 year old daughter. Currently I am planning to file a petition for her to come to US to merry me. She and her daughter will be applying K-1 and K-2 visa.

My understanding is: Once my fiance come to US and we get married, she is eligible for applying adjustment of status/green card. What about her daughter? What is the age requirement for child to apply adjustment of status on a K-2 visa?

Thanks a lot.

[rayb]

As a derivative K2 visa entrant, the daughter is eligible to apply for Adjustment of Status until she reaches age 21, if in the U.S. There is a precedent history of a "bar" being placed in her processing once she turns 21 in the U.S. (before she applies for Adjustment), but more recent decisions by USCIS suggest that if she child enters the U.S. before she turns 21, and then turns 21 shortly before she files for Adjustment of Status or turns 21 while being processed for Adjustment of Status, she will be okay.

--Ray B

Hi all,

I am a US citizen. And my fiance is a Chinese citizen, who has a 19 year old daughter. Currently I am planning to file a petition for her to come to US to merry me. She and her daughter will be applying K-1 and K-2 visa.

My understanding is: Once my fiance come to US and we get married, she is eligible for applying adjustment of status/green card. What about her daughter? What is the age requirement for child to apply adjustment of status on a K-2 visa?

Thanks a lot.

[JamesS]

As a derivative K2 visa entrant, the daughter is eligible to apply for Adjustment of Status until she reaches age 21, if in the U.S. There is a precedent history of a "bar" being placed in her processing once she turns 21 in the U.S. (before she applies for Adjustment), but more recent decisions by USCIS suggest that if she child enters the U.S. before she turns 21, and then turns 21 shortly before she files for Adjustment of Status or turns 21 while being processed for Adjustment of Status, she will be okay.

--Ray B

Thanks Ray!

Do you know what is the average time does it take to process the AOS for K-2 applicant?

[rayb]

About the same time as primary parent, 5-6 months.

--Ray B

Thanks Ray!

Do you know what is the average time does it take to process the AOS for K-2 applicant?

[JamesS]

About the same time as primary parent, 5-6 months.

--Ray B

Thanks.