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curtis6598

Help regarding my wife's daughter

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Good evening,

I am new to this site and hoping someone may be able to answer a few questions. I petitioned, through the K-1/K-2 visa I-129F, for my fiancé and her daughter. They both had their interview at the U.S. Embassy in Bogota, Colombia in February 2014. My wife was approved for her K-1 visa, but her daughter was denied, age 17 at the time of the interview. We were told she was eligible to submit an I-601 waiver of inadmissibility so she submitted the form and all supporting evidence to the USCIS on April 11, 2014. My wife's K-1 visa was going to expire on August 10, 2014 so we waited until that day for her to travel to the U.S. in the hopes of receiving a decision of her daughter's I-601. We did not receive a decision before 8/10/14 so my wife traveled to the U.S. without her daughter, thinking a decision would come shortly thereafter. The case languished and on November 20, 2014 the case was updated saying the USCIS had requested the opinion of an outside party regarding the case and was on hold. We of course called, and called, but it was impossible to get an answer. We finally found out through an inquiry from our U.S. Senator's office that her daughter was requested to have additional medical examinations so she traveled to Bogota and completed those in February 2015. Then sent the results to the U.S. Embassy as instructed. Last week her daughter received an e-mail from the embassy that she was no longer eligible for a K-2 visa because her mothers K-1 visa had been approved more than a year ago, in addition stating that it was due to no fault of her own that she was no longer eligible. We never received a final decision on the I-601 waiver of inadmissibility, just the e-mail from the embassy. I spoke to an immigration officer who told me that it is correct that her daughter is no longer eligible for the K-2 visa.

My question(s) is regarding filing of an I-130. We submitted the I-485 for my wife, and it was received by USCIS on November 20, 2014. Once she receives her residency (I assume it will be conditional) can she then immediately file an I-130 for her daughter? If so, approximately how long will that process take, if anyone knows? Also, is her daughter eligible to apply for a tourist visa in the meantime, and would this have any affect on the I-130? Sorry for the long winded post, but as you would expect she, and I, are very concerned for her daughter. Any information is appreciated.

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K2 has to be used within 12 months.

The million dollar question is why a 17 year old needed a I 601, you did not say.

My guess is that a visitor visa will be a no no, yes your wife can file for her once she is a LPR.


“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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It's all going to depend on how and why a 17yo girl is inadmissible.


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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Thanks for the replies. As you can imagine I didn't want to post the reason she was denied and had to file an I-601 waiver. We'll hope for the best result when her mother can file I-130.

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It will be the same issue, that will not change.

Judging by the reference to Medical I assume drug conviction, as long as you have obtained competent legal advice that is the main thing. Not a DIY situation.


“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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