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Wifes's daughters I-130 approved

#1 gary & rose

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Posted 28 March 2011 - 02:55 PM

we just got notified of the approval for my wifes daughters I-130, it is now being sent to New Hampshire to be
given a case# then forwarded to the Manila embassy...

my first question is..this should be a relatively short process? to get the case# and then get forwarded

my second question is regard a green card...is there a minimun age to get a green card, her daughter is 17
and if she is still that age when she gets here is that to young or is there no age limit?

Thanks

Gary & Rose
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#2 gna781

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Posted 28 March 2011 - 07:23 PM

there is no age limit. green card establishes Permanent Residency babies can have it :) good for you wife's daughter. I wish my I-130 got approved already. Im 18
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4/20/2010: Met for the first time
8/01/2010: Moved in together at his parents
5/29/2011: Asked me to marry him :)
7/01/2011: Started renting my sister's guest room together
7/14/2011: Got married officially
USCIS
10/26/2011: sent I-130 I-485 and I-765
11/02/2011: received Email USCIS Acceptance Confirmation for I-130 I-485 and I-765
11/03/2011: received NOA1 for I-130 I-485 and I-765
11/23/2011: Biometrics appointment for I-485 and I-765
01/09/2012: Recieved EAD in mail
02/08/2012: Interview Date (APPROVED!)

#3 Jojo92122

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Posted 28 March 2011 - 08:12 PM

There is no age limit for getting a green card. A newborn is eligible for a green card.

Are you a US citizen?

Is your wife a green card holder (legal permanent resident)?

Who is the petitioner? You or your wife?

Did you get marry before the children's 16th birthdays?
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#4 gary & rose

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Posted 01 April 2011 - 02:52 PM

yes i am the US citizen and my wife holds the green card and is the petitioner...we were married before her 16th birthday
we just filled the paperwork back in Nov 2010 and got approval in Mar 2011.... so it should just be normal time in New Hampshire
before going to Manila....
my next question is we would like to send her daughter back home after she gets her green card to finish her schooling since
its cheaper there, i have read you cant be out of the country for more than a year for re-entry with just a green card
with out running in to problems...will be it easier for a child to come and go?


thanks
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#5 aleful

aleful

    Diamond Member



Posted 01 April 2011 - 05:06 PM

we just got notified of the approval for my wifes daughters I-130, it is now being sent to New Hampshire to be
given a case# then forwarded to the Manila embassy...

my first question is..this should be a relatively short process? to get the case# and then get forwarded

my second question is regard a green card...is there a minimun age to get a green card, her daughter is 17
and if she is still that age when she gets here is that to young or is there no age limit?

Thanks

Gary & Rose


Did you file for her? If so:

the approved i130 is sent to the NVC, National Visa Center, where more forms and payments are requested. the i130 is the first form, not the only one. You still have to file the i864, the DS230 and DS3032.

Once the case has been completed, then is when they send it to Manila.

Edited by aleful, 01 April 2011 - 05:11 PM.

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#6 Jojo92122

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Posted 01 April 2011 - 06:18 PM

yes i am the US citizen and my wife holds the green card and is the petitioner...we were married before her 16th birthday
we just filled the paperwork back in Nov 2010 and got approval in Mar 2011.... so it should just be normal time in New Hampshire
before going to Manila....
my next question is we would like to send her daughter back home after she gets her green card to finish her schooling since
its cheaper there, i have read you cant be out of the country for more than a year for re-entry with just a green card
with out running in to problems...will be it easier for a child to come and go?


thanks


Now that you have given us relevant information. Here is my take on your situation. I will address these three issues; 1)Who can petition your stepdaughter and how long would she have to wait to become an LPR, 2) Maintaining LPR status and how to lose it; and 3) Schooling in the Philippines vs. the US.

--------------
1)Who can petition your stepdaughter and how long would she have to wait to become an LPR. Short answer: you petition = 1 year to be an LPR, your wife petitions = 4 years to be an LPR.

Your LPR wife petitioned for her 17 years old daughter. This will be an F2a family preference case. It will take 4 years for her daughter to obtain an immigration visa or adjust her status to a LPR.

You should have filed for your stepdaughter. A US citizen can petition for a stepchild if the marriage that created the relationship was prior to the stepchild's 18th birthday. This would be an Immediate Relative case. Once the I-130 is approved, your stepdaughter can apply for an immigration visa or adjust her status. The process takes 6-12 months.

It would be infinitely better for you to file a second I-130. You will be the petitioner. This will allow your stepdaughter to become an LPR much sooner.

------------
2) Maintaining LPR status and how to lose it

Abandonment of LPR status. Short answer: very subjective, no easy rules, some guidance from USCIS

It's recommended that an LPR who is out of the US for more than 1 year should obtain a re-entry permit. However, the LPR is suppose to be living in the US. An LPR who spends years outside the US may be deemed to have abandoned his/her LPR status.

Read this: http://www.uscis.gov...000082ca60aRCRD

--------------------
3) Schooling in the Philippines vs. the US. short answer: Schooling in the US is always better

If your stepdaughter is in high school, she can attend public school in the US for free if she is an LPR or you are adjusting her status.

If your stepdaughter is in college. After one year in the US as an LPR, she can pay in-state tuition. She will qualify for financial aid. In addition, lots of US employers are not going to give a damn about a college degree from the Philippines. A college degree from a US college is always going to be better than a foreign degree to lots of US employers.
------------------

My recommendation to you is for you, the US citizen stepparent, to file for the 17 years old. Bring her to the US within a year and have her work or attend free English classes (most cities have these free English classes). Start her at a community college after she has been her for one year.

My niece who arrived in the US last year attended free English classes here in San Diego. She has now been admitted to the local community college. She is paying $15/unit. She is taking 12 units. Her tuition for the semester is $180. Books cost more than her tuition.

I doubt you will find a Philippines college that cost less than $180 per semester.

Edited by Jojo92122, 01 April 2011 - 06:20 PM.

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#7 Haarp425

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Posted 03 April 2011 - 04:03 PM

3) Schooling in the Philippines vs. the US. short answer: Schooling in the US is always better

If your stepdaughter is in high school, she can attend public school in the US for free if she is an LPR or you are adjusting her status.

If your stepdaughter is in college. After one year in the US as an LPR, she can pay in-state tuition. She will qualify for financial aid. In addition, lots of US employers are not going to give a damn about a college degree from the Philippines. A college degree from a US college is always going to be better than a foreign degree to lots of US employers.


Philippine education is patterned after the American system, with English as the medium of instruction.
Public High School in the Philippines are FREE as well including primary education. I am not sure if you have attended school in the Philippines. If you ask students from the Philippines who moved to USA, they find it easier to study in the US.

Most LPR goes back to Philippines to finish accredited Nursing degree or Physical Theraphy degree (cheaper costs) and go back to the USA and take State board exams.
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http://video.google....25138937638623#
Angels Still Don't Play This HAARP

#8 gary & rose

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Posted 04 April 2011 - 04:58 PM

would my filing a second set of papers for my stepdaughter confuse the process or would the left hand not know what
the right hand is doing, and would the second set of paperwork get pushed thru while the first set just voided after
nothing is followed up on....

thanks

GaryRose
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#9 Jojo92122

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Posted 04 April 2011 - 05:25 PM

would my filing a second set of papers for my stepdaughter confuse the process or would the left hand not know what
the right hand is doing, and would the second set of paperwork get pushed thru while the first set just voided after
nothing is followed up on....

thanks

GaryRose


Hi Gary,

An I-130 petition by you will be completely separate from the one filed by your wife. The two cases will not be connected.

At the USCIS stage, you will send in photocopies of all the supporting documents.

At the NVC stage, you will send in the required originals.

Can I presume that the NVC has not sent your wife a fee letter requesting the AOS fee for the I-864 and the IV fee for the DS-230?

Once your stepdaughter gains her green card (legal permanent residency) based on the petition you file, your wife can request that the petition she filed be withdrawn or she can just let it withered and die.

If your stepdaughter is still in the US and you would like her to remain here, you can file Form I-130 to petition for her and file Form I-485 to adjust her status to a legal permanent resident. She should not leave the US until the process is finish. The pending petition allows her to remain in the US legally even if her visitor visa has expired.
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#10 gary & rose

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Posted 04 April 2011 - 06:16 PM

no we just received the letter telling us its on the way to the NVC...so it will probably a few weeks before they
get to it to assign a case#...
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#11 Jojo92122

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Posted 04 April 2011 - 06:41 PM

no we just received the letter telling us its on the way to the NVC...so it will probably a few weeks before they
get to it to assign a case#...


The current PD for the F2a category for the Philippines is April 1, 2007. If your stepdaughter's PD is not within a year of that, nothing will happen soon.

You should just file for her. Your stepdaughter will probably be a US legal permanent resident before the NVC initiates the next step based on the petition your wife filed.

Good luck.
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#12 gary & rose

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Posted 04 April 2011 - 06:44 PM

ok thanks jojo...

i will start new paperwork this week

GaryRose
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#13 gary & rose

gary & rose

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Posted 05 April 2011 - 03:14 PM

I do have one more question regarding my filing the I-130....is there any issues with me needing to adopt
my wifes daughter or is she my stepdaughter(relative) just by marriage and i just need to file my own I-130 for her


thanks

GaryRose
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#14 Jojo92122

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Posted 05 April 2011 - 05:07 PM

I do have one more question regarding my filing the I-130....is there any issues with me needing to adopt
my wifes daughter or is she my stepdaughter(relative) just by marriage and i just need to file my own I-130 for her


thanks

GaryRose


You do not need to adopt your stepdaughter.

Your marriage to her mother established the stepfather/stepdaughter relationship. For immigration purposes, she must be under 18 years old when you married her mother in order for you to petition for her.

You have met all the requirements to petition for your stepdaughter. All you need to do is file the correct supporting documents with the I-130.

Read the Guides; http://www.visajourn...ontent/childpet

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

*Form I-130, Petition for Alien Relative
*A copy of your birth certificate or U.S. passport
*If you were not born in the U.S., a copy of either:
your Certificate of Naturalization or Citizenship or
your U.S. passport
*A copy of the child's birth certificate showing the child's name and the names of both parents
*A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)
*A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
*Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
*If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

Edited by Jojo92122, 05 April 2011 - 05:11 PM.

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#15 Jojo92122

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Posted 05 April 2011 - 05:14 PM

Gary -

DO NOT CANCEL THE PETITION YOUR WIFE FILED. Once your daughter is a green card holder, you can cancel the petition filed by her mother. Leave it as a backup plan.
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