child 20 submitted on I-129f, already in U.S. on J1 and turned 21 and now being told not eligible

[jredwards1960 0]

I submitted and I-129F package for my now wife, then fianc'e. Her oldest daughter was 20 at the time the package was submitted. The rules state that as long as the child was under 21 when package was submitted she is eligible to be approved. The oldest daughter at the time was already in the states working under a J-1 temp work visa. She turned 21 a couple of months after the package was submitted. I have asked at every stage if she was still approved to be part of the package even though she was already in the states and would be 21 before it was approved. USCIS assured me multiple times that she was. The I-129F was approved in the first part of November. When going through the process nothing had to be done for the oldest because she was already in the U.S. legally. Therefore she did not require a K-2 entry Visa. Once my fiance' and the rest of the children arrived we of course got married and i filed all the documents to adjust everyones status. I discussed with USCIS what i needed to do about the J-1 status of the oldest daughter, they said that even though was not no way to adjust the entry visa from J-1 to K-2 to submit and I-539 anyways just to buy the time needed for the other to run its course.

If the I-129F approved for her to be in country under the fianc'e visa does the J-1 visa even apply anymore?

The letter we received pertaining to the I-539 stated that she terminated her job before the contract was up and had no status to be in the US. They stated because she was 21 she did not qualify under the K-2 visa either and that she needed to depart the country immediately. What neither her Mom or I knew, about 2 weeks after the I-29F was approved she resigned her job and went to live with her boyfriend. She told us she was transferred there. To help matters she is now with child and they want to be married.

I found on one of your forums that once the I-129F is approved for that person to be in country that no matter what legal means they were in country that they were authorized to stay even if that visa had since expired.

A lawyer i have consulted states that the best way out of this is for her to get married immediately. I disagree because now would make him her sponsor, not her Mother. If they divorce in a year it will be a fraudulent marriage and she will be deported. Where if she truly is authorized to be in country under the I-129F. She would be sponsored by her Mother.

If anyone has any advise on this i would greatly appreciate it. I will call USCIS on monday morning to discuss this and see if this holds true or not.

[jredwards1960 0]

I am sorry but i thought i had better add that through out this process, prior to the letter pertaining to the I-539. The daughter had received a letter telling her to submit a physical since she didn't get one like the rest of the family and a letter to get her biometrics done just as the rest of the family received. If she did not qualify for this wouldn't they have just sent the letter of denial?

[NigeriaorBust 4,087]

Any lawyer that suggests marriage for immigration benefits should be reported immedately

[jredwards1960 0]

Any lawyer that suggests marriage for immigration benefits should be reported immedately

I understand it would be a way out, but i honestly believe i am right on her still being in country legally under the I-129F

[Darnell 8,479]

the mother wouldn't be the sponser on a K-2 - that would be YOU.

She's aged out for K-2, and even an I-130 that you file won't be eligible ..

Since no K-2 stuff was done at the IV Unit in Manila, you might want to revisit the option of her marrying her boyfriend asap , filing for Adjustment of Status,

but

DO STUDY the J1 visa stamp, let us know if anything there with 'H.R.R.' printed, and if so, write back to us , here, the entire line containing 'H.R.R.'

If the I-129F approved for her to be in country under the fianc'e visa - Alas, that's backwards. An approved I-129F petition allows the beneficiary to apply for a visa. She didn't apply for the visa, so that linkage is broken. An approved I-129F, fwiw, never allows a human to be in the USA. There's more stuff to do. That 'more stuff' wasn't done in her case, at all.

Edited March 31, 2013 by Darnell

[jredwards1960 0]

the mother wouldn't be the sponser on a K-2 - that would be YOU.

She's aged out for K-2, and even an I-130 that you file won't be eligible ..

Since no K-2 stuff was done at the IV Unit in Manila, you might want to revisit the option of her marrying her boyfriend asap , filing for Adjustment of Status,

but

DO STUDY the J1 visa stamp, let us know if anything there with 'H.R.R.' printed, and if so, write back to us , here, the entire line containing 'H.R.R.'

I am confused a little then. If she was eligible under the 129F when it was submitted something i have confirmed several times with USCIS would she age out. They agree that as long as she was 20 at the time of filing that she is eligible. Sorry I get the I would be the sponsor not her Mom. She was not denied anything until she filed the I-539. She has received letter instructions for the continuation of the I-485

[Darnell 8,479]

I dunno, USCIS doesn't know much about visas. Sure, an approved I-129F petition allows one to apply for a visa, but it might have been better to contact the Department of State to get advice.

The Immigrant Visa Units at US Embassies control visa issuance; USCIS is mostly clueless as it's not their purview.

She was eligible to chase after a K-2 visa with the IV Unit in Manila. She didn't do that.

Edited March 31, 2013 by Darnell

[jredwards1960 0]

I am confused a little then. If she was eligible under the 129F when it was submitted something i have confirmed several times with USCIS would she age out. They agree that as long as she was 20 at the time of filing that she is eligible. Sorry I get the I would be the sponsor not her Mom. She was not denied anything until she filed the I-539. She has received letter instructions for the continuation of the I-485

There was nothing to do to get her into the states on the I-129F because she was already there. She is however still part of the I-129F package that was approved. From what i can see on the passport and I-94 there is no H.R.R on it. You will have to forgive me, i am not at home. I work in Afghanistan while my family is in Lubbock. My wife looked and saw no H.R.R on any part.

[Darnell 8,479]

decribe more about the I-539, specifically if to extend something or to change to immigrant status.

[jredwards1960 0]

decribe more about the I-539, specifically if to extend something or to change to immigrant status.

The I-539 was a form requesting a change of visa status. There was no avenue to try to change her from the J-1 visa to any other visa. We really should not have even submitted it.

In response to the !-130 and I-485, she was not told that she aged out or that she did not qualify. They instructed her to get a medical physical and get her finger prints done and photo taken. The rest of the family only had to get finger prints and photo. This tells me that she is still in the process of the package for that.

[Darnell 8,479]

The I-130 and I-485 is typically submitted together

WHEN

one is adjusting for a green card,

after marriage,

regardless of current or prior visa type,

when one is IN the USA.

Please tell us on what basis these two forms were filed?

Edited March 31, 2013 by Darnell

[jredwards1960 0]

It is night time here. I don't want you to think i am blowing you off but it is past my bedtime. Thank you for the advice. I will pursue USCIS tomorrow and if need be the DOS. Thank you again. I will check in the morning for any further advice.

[jredwards1960 0]

The I-130 and I-485 is typically submitted together

WHEN

one is adjusting for a green card,

after marriage,

regardless of current or prior visa type,

when one is IN the USA.

Please tell us on what basis these two forms were filed?

we submitted the I-485 immediately after we got married. I believe the I-130 was submitted with the I-129F.

[Darnell 8,479]

no, i meant for the daughter. was an I-130 + I-485 filed for her, or not ?

In response to the !-130 and I-485, she was not told that she aged out or that she did not qualify. They instructed her to get a medical physical and get her finger prints done and photo taken

this was filed for who, and on what basis ?

Edited March 31, 2013 by Darnell

[jredwards1960 0]

no, i meant for the daughter. was an I-130 + I-485 filed for her, or not ?

In response to the !-130 and I-485, she was not told that she aged out or that she did not qualify. They instructed her to get a medical physical and get her finger prints done and photo taken

this was filed for who, and on what basis ?

an I-485 was submitted for her after her mother and i got married. I submitted the whole family at one time. I am not sure now about an I-130. I don't believe one was necessary.