An immigration judge in Charlotte, North Carolina has allowed a K-2 status holder to adjust status to permanent residency despite the K-2 holder having turned 21 before the adjustment of status application’s submission.
K-2 visas are issued to minor children of K-1 fiance(e)s of U.S. citizens. To qualify for the K-2, the child must be a minor, meaning that the child must be under 21 years old (and unmarried). Once the K-2 visa holder enters the United States, he or she can adjust status to permanent residency once the K-1 visa holder marries the petitioning U.S. citizen. In this case, the minor child turned 21 after entering the United States under K-2 status, but before filing an adjustment of status petition. The USCIS denied the petition and placed the K-2 visa holder in removal proceedings. The USCIS held the position that the K-2 holder had “aged out” by not adjusting status before turning 21.
In removal proceedings, the immigration judge reviewed K-1 law (including K-1 visa cases, K-1 visa regulations and K-1 visa statutes), and concluded that the pertinent time for determining when a K-2 visa holder “ages out” is when that individual enters the United States.
K-1 visa petitioners who are in a similar situation should carefully approach their case as the courts throughout the country disagree about this issue.
