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Get Stepdaughters Here Before GC Approval?

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First let me say this website is a Godsend when it comes to working on immigration issues, and thanks to all the contributors...that being said I was hoping to probe some of your knowledge for an answer to my problem...

I will try to be as brief as possible with history if you are interested...skip to questions below if you are not:

Wife and I (US Citizen) married in August 2014

I intended to move to Romania and do DCF after 6 months

She came to visit on B2 in October 2014 and got pregnant

We decided to do Adjustment of Status to have baby here

Two stepdaughters in Romania being watched by mother-in-law

Submitted AoS (I130/I485/I131/I765) for wife and I-130s for stepdaughters in February 2015

Priority Date of February 17, 2015 for all

Wife just did biometrics April 15, 2015

Still waiting (no surprise) on VSC for stepdaughters NOA2...

Questions:

We want to try to get my stepdaughters here by the start of summer from Romania even if it is just for the summer to visit. However, realistically I don't think VSC and NVC are going to get completed quickly enough.

Does anybody know a way to get them here faster while we are waiting on the processing of their I-130s?

I do not think K4 visa is an option since my wife is AoS not K3 as far as my research goes, correct?

Is the only other option to apply for B2 Tourist Visas for the girls? Does anybody have any experience with the likelihood of them granting these while they have I-130s in process? We do have a special case as my wife is pregnant and due in August, and then plans to return to Romania in September (with the stepdaughters) for her medical school, but I'm not sure how much that will influence their decision.

Any input is greatly appreciated!!

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When you filed for adj of status, you should have included them in the I-130. Since you ( I assumed) filed I-130 for them, then call NVC and ask for an update. My son's I-130 (filed by my wife which is his stepmom) was approved by USCIS 2 mos after. It's in NVC now and as a matter of fact just got his CN and IN (and paid AOS). Anyway, I guess you can request to expedite by emailing NVCexpedite@State.gov, indicating the beneficiary's name and USCIS case number, then state the reason for the request. Goodluck.


N-400 process

03/03/16 Submitted N-400 application and docs
03/09/16 USCIS ackn rcpt (txt, email, and NOA1) and chk cashed
03/29/16 Biometrics (walked in - orig date 04/05/16)
04/04/16 In Line for an Interview (txt, email, and checked case status)

05/16/16 Scheduled for an Interview (Case Status Online)

05/20/16 Received I/L
06/24/16 Interview date (PASSED)
07/20/16 Oath-taking at LACC ( I AM NOW A US CITIZEN!!!)

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How old are the step daughters?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thanks for the responses.

Aurpol: I could not include the daughters on the I-485 because they are in Romania still and thus not capable of being included in the same application for Adjustment of Status. As far as I understand it, because she is here and they are there I had to submit separate I-130s for them since they are under the CR-2 process not AoS. If they were here already that would have been a different case. If I am mistaken about this that would be great, but don't want to risk messing up the process if I am not.

Boiler: Sorry I forgot to mention that. They are 14 and 9...13 and 9 when the forms were submitted.

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Just noticed you said she is returning to Romania, abandoning her GC, seemed odd.

Anyway I would think and reasonable CO would assume that the children would stay and adjust like her Mother if issued B2's, however the only way to find out is to apply.

Father involved in this?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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No, she will not be abandoning her GC. The wife will remain here until she obtains her conditional permanent resident card. We will then temporarily live abroad while maintaining a residence here, and will not remain out of the country for more than a year (or obtain re-entry permit if that does occur).

Anyhow, that's my fear is that a reasonable CO would assume that also even if it is not the case. We do have a house in Romania, however, and intention to stay there temporarily (I will also be employed over there) so maybe they will take that into account. I also would think a reasonable CO would understand that even though my wife will have her AP and can travel there, she is also pregnant and will not be able to travel to them. And if for some reason her I-485 were to be rejected, it is also unlikely the daughters would stay here if my wife must leave...but sometimes COs aren't reasonable.

Also, to answer your question: No, wife has full custody of the daughters and no father involved at all.

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I see a lot of people on here blaming the CO.

Obviously personal issue for you but try stepping back and looking at it from the outside.

Anyway let us know how it goes, these questions come up regularly and good to know for future use.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I've personally never had any problems with a CO. My wife's (before she was my wife) interview with the CO was a great experience for her. Hopefully we will have that same experience for her daughters.

My boss on the other hand is friends with a guy who was a CO in a middle eastern country and just out of hand rejected all visa candidates wanting to go to school in the US for engineering. His reasoning was that he thought they were most likely only interested in engineering because they wanted to help terrorists. So sometimes COs are indeed unreasonable and personally biased. Hopefully this sort of thing is rare though.

I'll update with whatever happens. Hopefully my situation can help someone in the future. Open to input from anyone else though...

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Just an update in case anyone else is looking for the same answer:

My wife and I went to the embassy in Bucharest with my step-daughters. They asked for an explanation of the situation, why we wanted travel visas for the girls, and if their birth father had any custody (he does not). Other than that just the standard document checks. The CO excused herself from the window for a moment and when she returned told us that the girls were approved. She did sternly say to make sure we continued their GC process though.

They are now visiting in the US, so indeed it is possible to for step-children to get B2 travel visas while their GC process is pending. Fortunately their process has moved on to NVC so it hopefully won't be much longer until they have their GCs.

Best of luck to everyone on their journeys!

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