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Airforce Wife

Child with no U.S. status...help!!

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Filed: AOS (pnd) Country: Canada
Timeline

I am a canadian citizen living in the U.S awaiting approval of GC. I am married to born USC in the military. My daughter is 8 currently with no status in the U.S. - entered with tourist visa.

I did not file my daughters petition with mine (my mistake).

Would i have to file my daughters petition the same way i filed mine? or could my husband (step-father) 'legally' adopt the child and she would become a USC? Does the child citizenship act of 2000 have any bearing on my situation?

As well I would like to plan a trip back to Canada July'11. I have my AP but im uncertain how CBP would treat my case with my daughter having no legal status in the U.S.

Your comments are greatly appreciated.

Thank you.

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Filed: Citizen (apr) Country: Colombia
Timeline

I as the sponsoring US citizen was told that I had to petition for my stepdaughter using the same exact forms I had to use for my wife. Let's see, that was the I-130, I-485, G-325A, I-864, I-693, I-675 as I recall. No breaks on the fees. Since I was not marrying my stepdaughter, recall trying to fill out those forms was a nightmare. Hired a good attorney to do that. But still have all those copies of those forms, oh, that is how you do that.

Considered adopting my stepdaughter, that was a huge long expensive nightmare and would have never got it done before that maximum age of 16 was reached.

That was one really one big fat envelop sent to the USCIS because both applications for my wife and stepdaughter were sent in at the same time. Since I was married to my wife for less than two years, we had to go through that removal of condition stage that also included my stepdaughter. If they do not get their condition green cards within 90 days of each other, have to do a separate I-751 for the stepchild. She would have also been made a US citizen with her mom, except this process took so long, she barely turned over 18.

The reason I applied for an EAD card for my stepdaughter, too young to work, was, while the department of education says its perfectly legal to send your undocumented child to school, but the Department of State says its not. With her EAD card, she was legal in both respects, didn't want to risk having my stepdaughter deported or end up fighting this in court.

In regards to you petitioning for your child, you would have to do that only after becoming a LPR with an unmarried child over 21 years of age, don't even begin to ask me who makes these laws. Wife has a son that was barely over 21 and unmarried at the time. While it was also her child, I could not petition for him, wife had to wait until she became a LPR first, that took time, and that process is extremely slow, been going on for over five years now and still nothing. And not a damn thing you can do about it. Not in the hands of the USCIS but in the hands of the DOS, and they have quotas for each country. Obama doesn't give a damn about Latin American and is far more interested in Africa, Iraq, and Afghanistan, its all political.

My military days are history, and those six years I had to give to this country didn't count, but since your husband is on active duty, maybe he can get some help. Perhaps some active duty military personnel are here to give you advice. In my day, had to get permission from your CO to get married, and bringing that girl here was easy. In my case, that I-693 was the most expensive form, my health insurance does not cover immigration, filing is free, but paying a USCIS approved doctor to fill out that form was not. Kind of a monopoly and they can really screw you.

But would get those applications in ASAP, so your daughter can legally attend school, at least as far as the DOS is concerned. Once you receive the NOA, she is legal for school.

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Filed: AOS (pnd) Country: Canada
Timeline

Thanks alot for your reply, helped alot! Im going to start filling out the petitions today (on behalf of my husband). Hopefully send it out by end of week. I did mine myself and have had no issues. As for the Medical i could get a referral from TRICARE but the process would take to long to just get an appointment with a doctor, so ill ante up the $150.

Thanks again :)

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Filed: F-2A Visa Country: Russia
Timeline

You can file separately. We did that for our 2 older children, no problem.

Your spouse can legally adopt her, but she will not automatically become a USC until she becomes a LPR anyway.


Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

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Filed: F-2A Visa Country: Russia
Timeline

Could not find form i-675, but there's a form i-765 (employment authorization)


Ara & Anya - Tucson, Arizona

IR-5 for my (Anya's) mother
00 Filed: 03/08/2013

536 POE: 08/26/2014

Father

00 I-130 mailed to Phoenix Lockbox: 05/28/2014

455 POE LAX: 09/03/2015

Brother (9 years old, A2A through LPR mother)

I-130

00 Filed: 09/12/2014

03 Petition accepted at California Service Center, NOA-1 mailed: 09/15/2014

07 NOA-1 received; Priority date is 09/15/2014: 09/19/2014

176 RFE received: 03/07/2015

238 RFE response mailed to CSC: 05/08/2015

242 RFE response received at CSC; Decision to be made before 07/11/2015: 05/12/2015

308 Approved; NOA-2 mailed: 07/17/2015

314 NOA-2 received; Case sent to NVC: 07/23/2015

371 Welcome Letter received; Choice of Agent form submitted: 09/18/2015

374 AoS fee paid: 09/21/2015

416 IV fee paid; IV application submitted: 11/02/2015

452 IV and AoS packets mailed: 12/08/2015

455 Documents received at NVC; Waiting for CC: 12/11/2015

502 Case Complete; Wating for IL: 01/27/2016

504 Interview scheduled for 03/11/2016: 01/29/2016

523 Medical exam: 02/17/2016 Passed

546 Interview: 03/11/2016 PASSED!

549 Visa issued: 03/14/2016

588 POE LAX: 04/22/2016

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Filed: Citizen (apr) Country: Colombia
Timeline

quick question: what is i-675?

Whoops, was suppose to be an I-765 application for an EAD card, but with your husband in the military, and if you are living on base, could skip that extra charge. And your daughter will be here legally to go to school once you receive her notice of arrival for her applications. I just got paranoid on this issue. Depending on processing times, EAD may only buy you a couple of months, but with it, can apply for a social security card. They seem to want that at schools now, that SS number.

Wow, only 150 bucks to find a doc to fill out that I-693, is he having a sale? I cheated a little on this, learned that the I-693 deals practically with all communicable diseases that our county health department does with my tax dollar. And since I don't get any other benefits from my tax dollar, took my girls to them. Still have to pay a fee, but was a lot cheaper than what doctors charge.

As one example, was quoted 300 bucks for an HIV test, and that was times two. Health department charged me 25 bucks per person, and we got a beautiful certificate back from the University of Wisconsin Medical School, stating both my wife and daughter are HIV free. Did that for all the other tests as well, HIV was the most expensive, others ran only 5 or 10 bucks each. Had to find a USCIS approved doctor that was willing to take those test results, many wouldn't. But they also use that same Medical school for most of these tests.

Edited by NickD

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Filed: AOS (pnd) Country: Canada
Timeline

i know for i-765 once you are filing concurrent with the i-485 theres no extra charge.

I did think the cost to the civil surgeon was going to be more - but it depends on the area. ++ there office is a mere 2 min drive from my house so it was fantastic. They took my vaccination records, did the TB Test, doctor checked my breathing, pushed to see if pain in my stomach, and my ear canal and that was it. Doctor told me he wont put down any medication i was using because it would cause USCIS to investigate, and signed off on the papers. No mental status eval. overall it was a good experience. Going tomorrow to take my daughter to do her TB test.

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Filed: Citizen (apr) Country: Colombia
Timeline

That TB skin test for us was a nightmare, both my wife and stepdaughter were vaccinated for life the US doctors never even heard of. Said, look it up on the web. So my wife and stepdaughter were required to get yearly TB X-rays until our AMA finally accepted the British blood test that was far more accurate. After that one blood test, these yearly X-rays became history. Both were completely negative.

Even found a website that I printed out from a renown medical school pointing out the errors in that skin test. Stated if that rash could be covered with a dime, the patient is negative, but not a doctor and that carried no weight. Their rashes were hardly a quarter of an inch in diameter or about 6 mm. Did find a small town USCIS doctor that was far more reasonable, our local clinic wanted $5,000.00 each to do those tests. It was a 350 mile round trip, but well worth it. Thought there would be just one, but because of the X-rays, turned out to be three trips. But then they had a policy of not mailing the forms, so had to make a fourth trip to pick up those sealed envelops.

Was a lot of driving for us in dealing with the USCIS, but guess that is our fault for living out in the sticks.

See a lot of changes were made in that I-693 since our time, ours said, even if you have every major communicable disease, will still be admitted as long as you agreed to counseling. Seemed kind of crazy to go through all that. Also questioned, since I have been living with my wife, shouldn't I have to undergo all these tests? Was told, no, you are not required. But a t least I knew, both of my gals are healthy.

I see the fee for that I-485 is $1070.00 now, as I recall, it was in the $300.00 range back in 2004, so they should give you a little extra.

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Filed: AOS (pnd) Country: Canada
Timeline

wow! That is definately alot to go through!!

The only driving ive done for this is driving to homeland security for biometrics which is about 4 hours south of where i live...at least i think its south...hopefully i wont ever be tested on map routes :unsure: ...Everyone there was extremely nice, they said when i get my green card to apply and come work with them (weirrrddd)

I'm anxious to get an interview date soon (4 months + 14 days since filing). The only downfault is to that, im going to have to get my brother or parents to fly out from canada to take care of my daughter while my husband and I attend the date wherever that may be.

Do you know where these interviews are held? in the state you reside?

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Filed: Citizen (apr) Country: Colombia
Timeline

Question: For the petitions for my daughter should I include any back info about myself? My passport, birth certificate, etc?

Thanks for your help :)

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO is your office locater, scroll down to the zip code and type that in. Ours is the St. Paul office where we had all of our interviews, but for whatever reason, they assigned us to Milwaukee for all biometrics. Didn't complain, just pointed our car southeast rather than west.

Wife was real easy for us, over 21, wanted to come here, and was free to do so. Stepdaughter was really a pain in the butt. First her birth certificate had typos made by the Venezuelan government and that had to be corrected in a Venezuelan court of law that cost a lot of money. Second, at the age of 14, she wasn't allowed to leave that country without her biologicals fathers permission. Although my wife was divorced from him for six years, had full physical custody of her daughter, and her biological father, left that country at the time of the divorce.

First we had to locate and contact him for that permission and he wanted like $10,000 to sign that permission paper, this also had to be done in a court of law. But since he was found, owed six years of back child support payments, plus another four until she reached the age of 18. We forgave that in exchange for his letter of permission. Then my wife needed proof that was indeed her daughter that required a certified copy of her marriage certificate, more government typos in that, that we had to pay dearly for court correction. Talk about a corrupt government. Learned another new word in this process called an apostille. An attorney written piece of paper that stated the accompanying document was indeed true, also signed by a judge in a court of law. I must have really been in love with my wife. Well, still am.

USCIS wanted full copies of their passports and police records that they haven't committed any crimes as I recall. Also instructed my wife to bring their complete medical records, actually my attorney advised me what we should do. He was great on all this stuff.

I didn't have to provide that much, just my birth certificate and a financial statement that I could afford to support them. Also certified copies of my divorce since I was once previously married.

Since my attorney was in another state, you can do that with immigration, I scanned all the documents and emailed those to him, he sent the package in with both applications for wife and stepdaughter. This was done in August, we finally got our AOS interview in June of the next year. My wife, stepdaughter, and I attended, wife and stepdaughter were scared stiff walking into an office loaded with armed guards. Both were approved at the same time, but somehow, my stepdaughters application was misplaced, so she didn't get her green card until two months after my wifes'. And it was dated two months later. This didn't hurt us for the I-751 stage as those green cards for parent and children have to be within 90 days of each other. Otherwise you have to pay the fee for an additional I-751 for a child. Fortunately, my attorney put some kind of pressure on the USCIS to find her application and get her green card. But that was stress on her, at 14, she was concerned about being deported.

We applied for the I-751 precisely 90 days before the expiration of their green cards, well, my stepdaughter had two more months, but was accepted. Felt compelled to send some evidence for her, could only send a copy of her drivers' license, SS card, and GPA high school sheet. That was another mess, our application was transferred from Nebraska to California and was misplaced. Instead of receiving their ten year cards, received a one year extension notice that no other government agency knew nothing about. That is when I first contacted my senators office for help. The did get their ten year cards 13 days before my wifes' one year extension was about to expire. Already made an infopass appointment for a I-551 stamp in their passports, but was able to cancel that. Wifes' citizenship interview was just three weeks after that, but since my stepdaughter barely turned 18, she had to wait another two years. She just got her US citizenship about ten weeks ago.

We had one other scare, with all that time my wife was in Venezuela trying to gather all that information, Chavez, that corrupt leader just changed the Venezuelan passport book. Only was to get one was on the blackmarket at a price of over $800.00 US dollars. But fortunately, the American Airlines accepted their old passports and let them leave. It was a mess all the way, but felt the Lord was with us, as all worked out.

With all the paperwork we had on my stepdaughter, the Venezuelan consulate refused to issue a passport to my stepdaughter without her biologicals fathers permission. I contacted him, he wanted $10,000.00 US dollars to sign that permission form. Just told my stepdaughter, she is going to have to wait until she is 18, then she was finally free from him.

I hope you don't have these problems. Her dad did have a change of heart since then, except his daughter hates him.

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Filed: AOS (pnd) Country: Canada
Timeline

oh my!! That is way to much to go through. im really sorry you had to experience that. Translation is fickle. Probably why 6-7 years of being taught french never paid off in the end for me :wacko:

Indeed you love your wife very much!! Shes very lucky :)

For my daughter i've had full parental custody since she was a week old. There is no record of the father paying child support either (i wanted all ties cut, but he did sign the birth certificate, not the one im sending in). Im not sure if I should include the court document that says i have full custody. I dont want to complicate things, but i also dont want an RFE.

I know when a passport is scanned it says whether 1 or both parents have legal custody/guardianship. I dont know if they're (uscis) going to be able to retreive that information. Idk how close US/Canada actually work together.

However, on the I-485 i think or I-130 it asks for my Alien#, so hopefully they will be able to correspond with my petition.

My daughter and I have the same middle and last name, maybe thats proof enough?? lol i feel naive in this whole thing.

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Filed: Citizen (apr) Country: Colombia
Timeline

I can only share my experience on this permission issue, stepdaughters' biological father was on her birth certificate and the USCIS required his permission for her to come here. One out for this as I recall, was to provide a death certificate for that parent, it wasn't very nice of them to tempt me in that fashion. Have spoke to other stepdads on this issue, that other biological father was more than anxious to sign that permission paper and become free, ours was stubborn. Still stubborn, it has been over eight years since I met my wife. Under Venezuela law, he couldn't touch my wife with a property settlement as she had minor children living at home. But now he can and wants half of everything she even bought and paid for.

I am kind of sitting in the background of this issue, my wife didn't want to talk to him, so I took over. It cost a huge fortune in Venezuela just to sell property unlike here. I just dumped it on him and told him to go through all that legal expense, he is dead broke and can't do anything about it. LOL, he really wanted half of her than new car, a pile of junk now, let him have it so he can pay the recycling charge. Wife did work her can off to buy an investment property, my attitude is to let it go, can't take the money out of Venezuela and in regards to a divorce, showed her my settlement and how I was creamed with an ex that didn't do anything except run up huge credit card bills. We have a beautiful home now and a good size bank account, just leave that as history is my attitude on this subject.

Not sure about your permission case and your birth certificate about your child. Suggested you go to JAG, practically all bases have these, least they use to, and discuss your case with a JAG attorney. If he doesn't have immigration experience, he/she can get help. Not only can the USCIS be stonewall, but so can the DOS for a US passport. Believe that permission stuff becomes history after the child reaches the age of 16. Never had to deal with the DOS on this issue, stepdaughter was not a US citizen at that time, so could only deal with the Venezuelan consulate, a different country with different laws, and really a bunch of hard heads on this permission issue. But like my wifes' new car that is a wreck now, time took care of that. We just went about a normal life, and now my stepdaughter has both her Venezuelan and US passport.

My wife before we married, asked me several times if I still loved her with all the complications we had. Yes, I still love you, but lets just handle one complication at a time. See your complication that may not even be a complication is that other biological parent permission thing.

I just looked over my stepdaughters I-485 and G-325a forms, most of these forms are blank, trying to recall, I believe my attorney just signed those as she was a minor, under section 2, just checked she was a child of the applicant parent. Of course, your husband signs the I-130 and his G-325a is the same one he filled out for you. I recall being confused on that I-130, petitioner has to fill one out for each person, the form wasn't clear on that issue. You can also fill out an I-864a to show your liability to also care for that child that you have already done since day one.

The only issue I feel you may have, is that permission issue, I have no experience with that in your situation. Perhaps in another section of this board, you can meet someone that has experience.

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