What is true regarding John, the child of a K-1 visa holder, who turned 19?

• A. John can pick up his K-2 visa at the consulate.
• B. John is ineligible because he waited too long to come to the United States.
• C. John is ineligible because he is now over the age of 18.
• D. John does not need a visa.

Answer: (B)

John, as the child of a K-1 visa holder, initially falls under the K-2 classification, which allows children to accompany or follow to join their K-1 parent in the United States. However, the eligibility to obtain a K-2 visa is contingent on the child being under the age of 21 and unmarried at the time the K-1 visa is issued to the parent.

Once John turned 19, he surpassed the age limit for a K-2 visa application. The K-2 classification strictly applies to minors, and waiting too long to enter the U.S. following a K-1 parent becomes a barrier to obtaining that visa. Therefore, since he is now over the age threshold and the opportunity to apply has lapsed, he becomes ineligible for the K-2 visa category.

This understanding reflects the operational rules surrounding K-1 and K-2 visas, where age at the time of the petition's approval and the visa application process are crucial. Thus, John's circumstance leads to an ineligibility situation because of the age restriction and the delay in securing the necessary visa.