Petitioning for a Fiancée

Courts are divided on whether the K-2 children of K-1 finacées should be subject to the same restrictions on adjusting status based on some other category if the K-1 parent is no longer married.  Section 245(d) of the Immigration and Nationality Act clearly only allows K-1 and K-2 adjustment when the K-1 adjusts based on the same marriage described in the K-1 visa.

One circuit court has held that a K-2 is able to adjust status after "aging out."  Carpio v. Holder, 592 F.3d 1091 (2010).