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silviake

AOS for me and my daughter

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Hi you all ,

Im new on this site . so let me introduce myself .

My name is Silvia , 27, and my daughter is 8 ( she's adorable ! ) . I got married to my husband (US-citizen ) in may of this year . I came back with my daughter to the US in july from Belgium . We entered the country under the visa waiver program . And when we were here decided to stay here .

We are now ready to file for AOS . And we have everything done but then read and heard that I should file a seperate I-130 and I-485 for my daughter aswell . Is this correct ???

If so should we put a seperate G-325 and I-864 in m daughters package aswell ?

And What should we answer in question A1 ( who my husband is filig for ) on my daughters I-130 ? Because it is not legally his child .

Im sorry for all these questions but the more I read about this on the USCIS site the more confused I get !

Thank you ,

Silvia

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Hi you all ,

Im new on this site . so let me introduce myself .

My name is Silvia , 27, and my daughter is 8 ( she's adorable ! ) . I got married to my husband (US-citizen ) in may of this year . I came back with my daughter to the US in july from Belgium . We entered the country under the visa waiver program . And when we were here decided to stay here .

We are now ready to file for AOS . And we have everything done but then read and heard that I should file a seperate I-130 and I-485 for my daughter aswell . Is this correct ???

If so should we put a seperate G-325 and I-864 in m daughters package aswell ?

And What should we answer in question A1 ( who my husband is filig for ) on my daughters I-130 ? Because it is not legally his child .

Im sorry for all these questions but the more I read about this on the USCIS site the more confused I get !

Thank you ,

Silvia

Have you consulted with an immigration attorney regarding the circumstances of your immigration? You may experience alot of difficulty trying to adjust status and proving that you did not have immigration intent when you entered using the VWP. Do you have approval from your daughter's father for her to immigrate?

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Hi Silvia, (F)

I do not know too much about your type of case and hopefully other VJ members will know more. But I agree with “John and Marlene”, I would see an Immigration Attorney. :yes:

Good luck,

Peter Miami

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my daughter has never been reconized by her father and he as never been in her life.

Legally he is not even his daughter . she has my family name .

I've read that even if I entered the US under the visa waiver program ( Belgium citizens do not need a visa to enter the US ) we still entered the US legally . And me and my husband ( military ) got married the second time that I came to visit him and I didnt plan on getting married just yet . But he proposed to me when I was here on the second visit . And got married a couple of days later in the presence of his mom and other family in front of a judge . Then a week later I went back home ( Belgium ) cause I had my job and daughter there . normally my husband was to come to Belgium in July , that way we could do the DCF procedure in the US-embassy in Brussels , but his superior officer did not grant him that because of inspections . So I came on anoter visit her in July with my daughter and while I was here we decided to file the I-130 . At this moment me and my daughter are still legally in the US . And she is going to school and all .

So what I understand on reading about this situation on USCIS site that this is not a problem to be filing the I-130 . Am I right ?

Cause now im scared again about beeing wrong and maybe be denied on the I-130.

Help please !

thanks ,

Silvia

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Silvia,

Yes, your husband must submit an I-130 petition for your daughter and she must submit her own I-485. Reading the instructions for the forms will answer your questions about G-325A and I-864.

As defined by both Webster and the INA (the 2nd one being the important one) your daughter is your husband's stepdaughter, thus his child.

Yodrak

Hi you all ,

Im new on this site . so let me introduce myself .

My name is Silvia , 27, and my daughter is 8 ( she's adorable ! ) . I got married to my husband (US-citizen ) in may of this year . I came back with my daughter to the US in july from Belgium . We entered the country under the visa waiver program . And when we were here decided to stay here .

We are now ready to file for AOS . And we have everything done but then read and heard that I should file a seperate I-130 and I-485 for my daughter aswell . Is this correct ???

If so should we put a seperate G-325 and I-864 in m daughters package aswell ?

And What should we answer in question A1 ( who my husband is filig for ) on my daughters I-130 ? Because it is not legally his child .

Im sorry for all these questions but the more I read about this on the USCIS site the more confused I get !

Thank you ,

Silvia

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Silvia,

Your situation, as you describe it, seems to fit with the requirements of the law. The cause for concern is that the USCIS must believe that your situation meets the requirements of the law, and how you present the facts of your case can be as important as the facts themselves in convincing the people at USCIS.

I support john_and_marlene's suggestion to consult with an immigration attorney who has had experience with adjustment from the VWP. While some people are good at presenting a case, others are not. Attornies are well trained in how to present facts, and what facts to present or not present, so as to achieve the desired result. A person trying to adjust from the VWP does not want to risk an initial rejection by the USCIS.

Yodrak

my daughter has never been reconized by her father and he as never been in her life.

Legally he is not even his daughter . she has my family name .

I've read that even if I entered the US under the visa waiver program ( Belgium citizens do not need a visa to enter the US ) we still entered the US legally . And me and my husband ( military ) got married the second time that I came to visit him and I didnt plan on getting married just yet . But he proposed to me when I was here on the second visit . And got married a couple of days later in the presence of his mom and other family in front of a judge . Then a week later I went back home ( Belgium ) cause I had my job and daughter there . normally my husband was to come to Belgium in July , that way we could do the DCF procedure in the US-embassy in Brussels , but his superior officer did not grant him that because of inspections . So I came on anoter visit her in July with my daughter and while I was here we decided to file the I-130 . At this moment me and my daughter are still legally in the US . And she is going to school and all .

So what I understand on reading about this situation on USCIS site that this is not a problem to be filing the I-130 . Am I right ?

Cause now im scared again about beeing wrong and maybe be denied on the I-130.

Help please !

thanks ,

Silvia

Edited by Yodrak

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