Unbelievable conclusion K-2 AOS

[immihelp]

In a nutshell, My current wife and daughter (from Russia) successfully obtained K-1 and K-2 VISA's with me as the Petitioner. Our "Receipt date" for this process was February 21, 2006 and the "Notice date" on the I-797C was May 2, 2006. My then Fiancee and her daughter were interviewed in the Moscow Embassy on August 7, 2006 and they received their K-1 and K-2 VISA's. They then entered the US on September 1, 2006 and we were married on September 30, 2006. We began the AOS process for both my wife and her daughter, they completed fingerprinting etc. and received an interview date of December 13, 2006 for their AOS......now comes the big PROBLEM!!!!

At the interview, the Immigration Officer told us that she was going to deny the AOS for the daughter (K-2)...her reason was that the daughter turned 18 (on May 8, 2006) BEFORE we were married!!! So, we find ourselves in a situation where my wife's daughter legally came and was admitted to the USA but, because she turned 18 BEFORE we married....even though she was 18 when the K-2 VISA was issues and she entered the USA.....,she cannot now stay!!!!

I have gotten conflicting and confusing advice from almost every Immigration Attorney I have talked to (some say USCIS is WRONG--obvious clerical error and confusing K-2 AOS with K-4...some say that USCIS is correct and that this is the law, and some just say.."jeez that is interesting we need to research this".

At this point my family and I are frantic in not knowing what to do or what may be next. We have not yet received a formal denial letter for the daughter but expect one any day....

Can you help or shed any light on this ridiculous and crazy situation??? I just refuse to believe this is correct or that we are the only family who may have been "snared" in such a ridiculous and emotionally devastating situation.

[immihelp]

If you read everything at https://www.immihelp.com/usa-visas/kvisa/index.html completely, you will find an answer there.

We have specifically when 18 years rule apply and when 21 years rule apply.

[poppy]

I am wondering if you can subsequently filing I-130 for your daughter? Any suggestion?

[curiousone]

I am wondering if you can subsequently filing I-130 for your daughter? Any suggestion?

The wife can but not the husband. I think USCIS is correct but also, the embassy made a mistake in issuing the daughter a K visa. They ought to hav eknown then that an OAS could not be filed for the daughter regardless of when the marraige takes place because to be classified as a "child" for immigration purposes, the marriage had to take place before she turned 18.