VisaJourney.com: "turning 21" within 2 weeks of interview-child - VisaJourney.com

Jump to content


Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

"turning 21" within 2 weeks of interview-child similar situation???

#1 User is offline   tinman 

  • Junior Member
  • PipPip
  • Group: Members
  • Joined: 02-September 06
  • Location:Tucson, Arizona
  • Filed for: K-1 Visa
  • Filing Location: N/A
  • Country: China



Posted 14 May 2009 - 08:04 AM

My Fiance's daughter will be 21 2 weeks after our interview. I am not clear on the process at this point.
We plan on returning to the US immediately...can the embassy still grant the Visa to the daughter..and will we still have time to protect the daughter's stay in the US?

Our interview is June 11, 09......
0

#2 User is offline   milimelo 

  • Diamond Member

Posted 14 May 2009 - 09:12 AM

Shouldn't you notify the embassy of child's aging out? They may be able to have her do interview earlier. Best to contact them.
Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
6/22/2009 - CRIS Card production ordered email
7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen
0

#3 User is offline   YuAndDan 

  • Trucker at Heart

Posted 14 May 2009 - 11:06 AM

Moving this to consulate embassy forum, there is no waiver process for this.

Problem is, you will never be able to marry and file for adjustment of status and have approval of green-cards in time to avoid age out issue.

This will require you to marry and adjust status, and once your fiancee/wife acquires green-card, she can then file an I-130 for an immediate relative unmarried child of an LPR over age 21. This gets classified F-2B and for China has been taking 8-9 years to get a visa. If and when spouse becomes a US Citizen the petition can be reclassified F-1 which may shave a year of so off the wait. Note if child marries while waiting for this visa, this will need to be indicated to NVC after US Citizenship and the case will be shifted down to F-3 class. There is NO class for married children of a green-card holder.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

I have seen a few posts on the Chinese immigrations board on this subject.

MORE:

http://candleforlove.com/forums/index.php?showtopic=33121

http://candleforlove.com/forums/index.php?showtopic=30789

http://candleforlove.com/forums/index.php?showtopic=24756

http://candleforlove.com/forums/index.php?showtopic=21084

http://candleforlove.com/forums/index.php?showtopic=14939

http://candleforlove.com/forums/index.php?...st&p=178800

http://www.visajourney.com/forums/index.php?showtopic=39290
OUR TIME LINE Please do a timeline it helps us all, thanks.
Green Card received in the mail! 2010-03-17 conditions removed.


Posted Image

Posted Image Posted Image Posted Image Posted Image
Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,
Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.
0

#4 User is offline   Mononoke28 

  • 100% Paisa

Posted 14 May 2009 - 01:04 PM

I'm not sure if this can help or if you've read it already but it's worth try just in case:

http://www.visajourney.com/forums/index.php?showtopic=110854

Diana
CR-1
02/05/07 - I-130 sent to NSC
05/03/07 - NOA2
05/10/07 - NVC receives petition, case # assigned
08/08/07 - Case Complete
09/27/07 - Interview, visa granted

U.S.A.
10/02/07 - POE
11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions
07/06/09 - I-751 sent to CSC
08/14/09 - Biometrics
09/27/09 - Approved
10/01/09 - Received 10 year green card
0

#5 User is offline   Gary and Alla 

  • я незнаю

Posted 14 May 2009 - 01:38 PM

QUOTE (tinman @ May 14 2009, 09:04 AM) <{POST_SNAPBACK}>
My Fiance's daughter will be 21 2 weeks after our interview. I am not clear on the process at this point.
We plan on returning to the US immediately...can the embassy still grant the Visa to the daughter..and will we still have time to protect the daughter's stay in the US?

Our interview is June 11, 09......


Though I answered you in a PM, I want to post that here for forum review. It is also a good suggestion to ask for an earlier interview if possible.

Though no one has posted otherwise, the consulate can make this call. She IS under 21 and therefore qualifies and she would, if you act quickly, enter the US on a K-2 visa which allows her to adjust status. My advice is, get here ASAP and get the AOS off in the mail ASAP. You can get everything ready and add your marriage license and copies of I-94s when they arrive and mail it! Get marreid first, meet her at the airport with the JP if necessary. Make sure you get a certified copy of your marriage certificate at the ceremony (if possible, we did) other wise you could wait weeks for that to get processed. Mark the AOS envelope "POSSIBLE AGE OUT!" on the outside of the envelope and send it overnight MAIL, certified. Thats IF you get the visa in time. I do not know how long it takes the China consulate to get the visa to you.

The gray areas for me is exactly when the cut-off takes affect. Before visa issuance? Before US entry? Before AOS filed? Or before AOS approved? THAT I cannot answer. A good source for this is VJ member "Pushbrk"

What happens in VERMONT, Stays in Vermont. Problem is...nothing happens in Vermont!
Gary and Alla
Click on "my timeline" and it is there. Takes up too much space in the signature area.
http://tonnmodel.com/model.php?s=243
0

#6 User is offline   Gary and Alla 

  • я незнаю

Posted 14 May 2009 - 01:41 PM

QUOTE (YuAndDan @ May 14 2009, 12:06 PM) <{POST_SNAPBACK}>
Moving this to consulate embassy forum, there is no waiver process for this.

Problem is, you will never be able to marry and file for adjustment of status and have approval of green-cards in time to avoid age out issue.

This will require you to marry and adjust status, and once your fiancee/wife acquires green-card, she can then file an I-130 for an immediate relative unmarried child of an LPR over age 21. This gets classified F-2B and for China has been taking 8-9 years to get a visa. If and when spouse becomes a US Citizen the petition can be reclassified F-1 which may shave a year of so off the wait. Note if child marries while waiting for this visa, this will need to be indicated to NVC after US Citizenship and the case will be shifted down to F-3 class. There is NO class for married children of a green-card holder.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

I have seen a few posts on the Chinese immigrations board on this subject.

MORE:

http://candleforlove.com/forums/index.php?showtopic=33121

http://candleforlove.com/forums/index.php?showtopic=30789

http://candleforlove.com/forums/index.php?showtopic=24756

http://candleforlove.com/forums/index.php?showtopic=21084

http://candleforlove.com/forums/index.php?showtopic=14939

http://candleforlove.com/forums/index.php?...st&p=178800

http://www.visajourney.com/forums/index.php?showtopic=39290


For a K-2, no I-130 is needed and they can file for AOS at the same time. I filed our sons AOS in the same envelope and paid with the same check as for my K-1 wife. What you state is true for the K-4 or CR-2 but not the K-2

What happens in VERMONT, Stays in Vermont. Problem is...nothing happens in Vermont!
Gary and Alla
Click on "my timeline" and it is there. Takes up too much space in the signature area.
http://tonnmodel.com/model.php?s=243
0

#7 User is offline   YuAndDan 

  • Trucker at Heart

Posted 14 May 2009 - 01:57 PM

QUOTE (Gary and Alla @ May 14 2009, 02:41 PM) <{POST_SNAPBACK}>
For a K-2, no I-130 is needed and they can file for AOS at the same time. I filed our sons AOS in the same envelope and paid with the same check as for my K-1 wife. What you state is true for the K-4 or CR-2 but not the K-2
I never indicated that an I-130 would be needed when filing to adjust status from a K-2 visa, I did indicate what would be needed to be filed if the child ages out BEFORE the K-1 marries and can adjust status.

K-3/4 have their own set of issues, such as marriage needs to happen before the child's 18th birthday, if marriage happened after the child's 18th birthday, the steparent cannot file an I-130 for the K-4 to adjust status from, though this too is a grey area, I have seen a case on CFL that adjusted a K-4 with a marriage after K-4's 18th birthday.

http://candleforlove.com/forums/index.php?...c=34432&hl=



OUR TIME LINE Please do a timeline it helps us all, thanks.
Green Card received in the mail! 2010-03-17 conditions removed.


Posted Image

Posted Image Posted Image Posted Image Posted Image
Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,
Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.
0

#8 User is offline   Gary and Alla 

  • я незнаю

Posted 15 May 2009 - 06:06 PM

QUOTE (YuAndDan @ May 14 2009, 02:57 PM) <{POST_SNAPBACK}>
QUOTE (Gary and Alla @ May 14 2009, 02:41 PM) <{POST_SNAPBACK}>
For a K-2, no I-130 is needed and they can file for AOS at the same time. I filed our sons AOS in the same envelope and paid with the same check as for my K-1 wife. What you state is true for the K-4 or CR-2 but not the K-2
I never indicated that an I-130 would be needed when filing to adjust status from a K-2 visa, I did indicate what would be needed to be filed if the child ages out BEFORE the K-1 marries and can adjust status.

K-3/4 have their own set of issues, such as marriage needs to happen before the child's 18th birthday, if marriage happened after the child's 18th birthday, the steparent cannot file an I-130 for the K-4 to adjust status from, though this too is a grey area, I have seen a case on CFL that adjusted a K-4 with a marriage after K-4's 18th birthday.

http://candleforlove.com/forums/index.php?...c=34432&hl=


Ok, I misunderstood.

What happens in VERMONT, Stays in Vermont. Problem is...nothing happens in Vermont!
Gary and Alla
Click on "my timeline" and it is there. Takes up too much space in the signature area.
http://tonnmodel.com/model.php?s=243
0

Share this topic:




Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.