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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

athomp
My wife was issued her Visa and Green Card at the Belize Embassy but now with this new law and no DCS filing what are our options now we can't just leave her there please help what are our options if I go back and adopt her will she then be elgible for an american passport or visa mad.gif We need to get her home quickly please please help crying.gif
meauxna
oh dear.

Why didn't you petition her at the time you petitioned your wife? You never mentioned this child.. you said you had 2 kids who are USCs and were in the US with you.
Did you marry before this child's 18th birthday?
Have you filed any papers for her?

You should know by now that you need to put more information in your posts. smile.gif
diadromous mermaid
QUOTE(athomp @ Jan 31 2007, 07:02 PM) *
My wife was issued her Visa and Green Card at the Belize Embassy but now with this new law and no DCS filing what are our options now we can't just leave her there please help what are our options if I go back and adopt her will she then be elgible for an american passport or visa mad.gif We need to get her home quickly please please help crying.gif


First, how old is the daughter? Adopting her is not necessary, she's a stepchild already by virtue of your marriage to her mother. Like Meauxna stated, the marriage between the parent and the US citizen must have occurred when the child was under the age of 18. Should she already be over 18, your wife could petition her while an LPR, which would mean a longer wait, but could upgrade the petition once a USC. Remember that filing a petition as an LPR is always wise, as a child continues to be classified as a child after she becomes 21, if the petition was filed for her when she was still under 21 years of age.
JazzeroKi
What the above posts said is correct.

If you wait another week or so DCF might be in some fashion restored. USCIS and DOS are currently discussing this very issue and more changes are expected in the very near future.
athomp
QUOTE(meauxna @ Jan 31 2007, 07:43 PM) *
oh dear.

Why didn't you petition her at the time you petitioned your wife? You never mentioned this child.. you said you had 2 kids who are USCs and were in the US with you.
Did you marry before this child's 18th birthday?
Have you filed any papers for her?

You should know by now that you need to put more information in your posts. smile.gif


Yes we married before her 8th birthday and why I did not petition for her because she did not have her passport and Belize was not giving passports until they received there new machine from the US. Yes my wife and I have two kids together but she had one prior to our marriage and I should have included her in my correspondence because I have raised her and need to getv her back home with us so any help would be greatly appreciated Thanks innocent.gif
meauxna
Well, bad timing. I don't know what else to say.
I would wait a couple of weeks before making a decision, but the little girl isn't coming to the US real soon. I wouldn't count on the DCF option becoming available again; start researching the stateside filing options so you know what to expect and pray for good luck and the return of DCF.
athomp
QUOTE(meauxna @ Feb 1 2007, 07:40 PM) *
Well, bad timing. I don't know what else to say.
I would wait a couple of weeks before making a decision, but the little girl isn't coming to the US real soon. I wouldn't count on the DCF option becoming available again; start researching the stateside filing options so you know what to expect and pray for good luck and the return of DCF.

Hey thank you all for your helpful advice question though if I adopt her does she automaticaly get US citizenship and any other options you all might have will be greatly appreciated helpsmilie.gif
meauxna
Even if adopted, your child would not recieve instant US citizenship until she entered the US with an Immigrant Visa. I *think* that is correct; I have pinned the relevant info in the Citizenship Forum here so you can research for yourself.
zyggy
QUOTE(meauxna @ Feb 5 2007, 05:12 PM) *
Even if adopted, your child would not recieve instant US citizenship until she entered the US with an Immigrant Visa. I *think* that is correct; I have pinned the relevant info in the Citizenship Forum here so you can research for yourself.



That is correct.. the child would not be a USC until she entered the US on a Immigrant Visa... So adopting her wouldn't do any good.. you would still have to file the I-130...

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