What to do when the Child of your Fiancee is about to turn 21 and their K1 and K2 visas are still in process and not yet approved?
The child of your fiancee is eligible to be granted and use a K2 Fiancee Dependent visa up to the eve of his or her twenty first birthday.
So you apply for your fiance and child before the child turns 21, the process
takes place, the visa is issued and the child has up until midnight the eve of his or her birthday to board the flight to the USA.
One day late and the child can not come to the USA, at least not on a K2 visa.
Under normal circumstances the fiance visa takes under a year, and the couple that apply well before the child is 20 usually have no problem in getting parent and child’s visas on time without fuss.
However, under Covid there have been many delays, USCIS is performing much slower than pre-covid normal, and many consulates due to local quarantines in the countries where they are Located due to closures and partial reopenings have added many months, and in some cases like the Philippines, years of delay before visas can be issued.
In this case, if your application has been properly filed, if it is getting
close to the time it looks likely that the child will “age out”, US immigration
does look favorably on requests to expedite.
During processing your K1 and K2 case will be either at USCIS, the National Visa Center, or the destination consulate. When it looks like the case will be approved too late, the sponsor directly contacts the processing location where the case is, explains the situation and makes the request.
On a successful request the case is forwarded immediately to the consulate and usually the consulate makes special accommodations to speed up the interview date and visa issuance.
This was Fred Wahl, The VisaCoach, here to personally guide you on this journey.