Jump to content
Tracy67

Bringing Step-Daughter to US

13 posts in this topic

Recommended Posts

I've read a lot of posts on a lot of different sites, and I'm still not entirely sure which category we fall into.....

My husband and I married in 2011 and he immigrated to the US and now has his 10 yr card. At that time, his daughter was 16 and still in school in the UK - so she wanted to stay and finish. Here we are 5 years later and she will be finishing school soon and is now thinking about coming to live with us here.

I know we need to file the I-130 for her - but which one of us should file, and what category?

Any help will be greatly appreciated :)


Tracy and Derek

Met in Sept 2009 online

Met in person March 2010

Got "engaged" April 2010

Filed I-129F 6-02-10

Received NOA1 6-09-10

Received NOA2 6-30-10

NVC Received 7-07-10

Consulate Rec'd 7-16-10

Pkt 3 Received 7-28-10

Pkt 3 Sent 8-11-10

Touched 10-03-10

******************************

Second Visit for Holidays 11-14-10

Married at the courthouse! 01-20-11

Filed I-130/485/864/765 02-03-11

NOA Received 02-08-11

Biometrics Appt. 03-01-11

EAD Approved 03-30-11

EAD Received 04-07-11

Applied for Soc. Sec. Card 04-11-11

Rec'd Social Security Card 04-16-11

AOS Interview 06-16-11 Approved!!!

Rec'd 2 yr Conditional Card 06-24-11

******************************

Filed I-751 Removal of Cond. 04-17-13

NOA1 Receipt Date 05-02-13

Biometrics Appt. 06-06-13

2nd Biometrics Appt. 02-17-15

Interview 03-13-15 Approved "FINALLY"!!!

3rd Biometrics Appt. 03-13-15 (2nd was never sent in - but we had our proof it was done)

04-06-15 Received 10 yr Card

Share this post


Link to post
Share on other sites

She is now 21 and unmarried


Tracy and Derek

Met in Sept 2009 online

Met in person March 2010

Got "engaged" April 2010

Filed I-129F 6-02-10

Received NOA1 6-09-10

Received NOA2 6-30-10

NVC Received 7-07-10

Consulate Rec'd 7-16-10

Pkt 3 Received 7-28-10

Pkt 3 Sent 8-11-10

Touched 10-03-10

******************************

Second Visit for Holidays 11-14-10

Married at the courthouse! 01-20-11

Filed I-130/485/864/765 02-03-11

NOA Received 02-08-11

Biometrics Appt. 03-01-11

EAD Approved 03-30-11

EAD Received 04-07-11

Applied for Soc. Sec. Card 04-11-11

Rec'd Social Security Card 04-16-11

AOS Interview 06-16-11 Approved!!!

Rec'd 2 yr Conditional Card 06-24-11

******************************

Filed I-751 Removal of Cond. 04-17-13

NOA1 Receipt Date 05-02-13

Biometrics Appt. 06-06-13

2nd Biometrics Appt. 02-17-15

Interview 03-13-15 Approved "FINALLY"!!!

3rd Biometrics Appt. 03-13-15 (2nd was never sent in - but we had our proof it was done)

04-06-15 Received 10 yr Card

Share this post


Link to post
Share on other sites

You would file but her precise age matters.


“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.”

Share this post


Link to post
Share on other sites

As an unmarried son/daughter of a USC she'll be in the F1 category which has a priority date of Nov 1 2007.

If your husband files, she'll be in the F2B category, unmarried son/daughter of an LPR which has a priority date of Nov 15 2008.


F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Share this post


Link to post
Share on other sites

It probably would've been best if her dad filed for her 2 years ago. Then, she would've been in the under 21 category and her case would've become current right about now since the wait is 2 years. Now that she is over 21, the wait will be much longer.


F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Share this post


Link to post
Share on other sites

We married January 20, 2011 - her birthday is June 18, 1994.

Edited by Tracy67

Tracy and Derek

Met in Sept 2009 online

Met in person March 2010

Got "engaged" April 2010

Filed I-129F 6-02-10

Received NOA1 6-09-10

Received NOA2 6-30-10

NVC Received 7-07-10

Consulate Rec'd 7-16-10

Pkt 3 Received 7-28-10

Pkt 3 Sent 8-11-10

Touched 10-03-10

******************************

Second Visit for Holidays 11-14-10

Married at the courthouse! 01-20-11

Filed I-130/485/864/765 02-03-11

NOA Received 02-08-11

Biometrics Appt. 03-01-11

EAD Approved 03-30-11

EAD Received 04-07-11

Applied for Soc. Sec. Card 04-11-11

Rec'd Social Security Card 04-16-11

AOS Interview 06-16-11 Approved!!!

Rec'd 2 yr Conditional Card 06-24-11

******************************

Filed I-751 Removal of Cond. 04-17-13

NOA1 Receipt Date 05-02-13

Biometrics Appt. 06-06-13

2nd Biometrics Appt. 02-17-15

Interview 03-13-15 Approved "FINALLY"!!!

3rd Biometrics Appt. 03-13-15 (2nd was never sent in - but we had our proof it was done)

04-06-15 Received 10 yr Card

Share this post


Link to post
Share on other sites

Oh ok, so she is 23? Then, you can disregard my last post. I thought she was 21 now.


F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Share this post


Link to post
Share on other sites

Sorry - I edited her birthday..... she was born in 94 not 92 -- she would kill me if she knew I added two years to her age! LOL


Tracy and Derek

Met in Sept 2009 online

Met in person March 2010

Got "engaged" April 2010

Filed I-129F 6-02-10

Received NOA1 6-09-10

Received NOA2 6-30-10

NVC Received 7-07-10

Consulate Rec'd 7-16-10

Pkt 3 Received 7-28-10

Pkt 3 Sent 8-11-10

Touched 10-03-10

******************************

Second Visit for Holidays 11-14-10

Married at the courthouse! 01-20-11

Filed I-130/485/864/765 02-03-11

NOA Received 02-08-11

Biometrics Appt. 03-01-11

EAD Approved 03-30-11

EAD Received 04-07-11

Applied for Soc. Sec. Card 04-11-11

Rec'd Social Security Card 04-16-11

AOS Interview 06-16-11 Approved!!!

Rec'd 2 yr Conditional Card 06-24-11

******************************

Filed I-751 Removal of Cond. 04-17-13

NOA1 Receipt Date 05-02-13

Biometrics Appt. 06-06-13

2nd Biometrics Appt. 02-17-15

Interview 03-13-15 Approved "FINALLY"!!!

3rd Biometrics Appt. 03-13-15 (2nd was never sent in - but we had our proof it was done)

04-06-15 Received 10 yr Card

Share this post


Link to post
Share on other sites

It doesn't matter if she is 21 or 23. The categories would be the same.

Here is the rub, if you had file for her before her 21st birthday, her age would have locked in and her case would have been as an Immediate Relative of a USC where it's 6-12 months for a visa. Unfortunately, this is no longer possible since she is 21.

Share this post


Link to post
Share on other sites

Wish she would have let us know a few months sooner..... She never really talked about it until school was almost over.


Tracy and Derek

Met in Sept 2009 online

Met in person March 2010

Got "engaged" April 2010

Filed I-129F 6-02-10

Received NOA1 6-09-10

Received NOA2 6-30-10

NVC Received 7-07-10

Consulate Rec'd 7-16-10

Pkt 3 Received 7-28-10

Pkt 3 Sent 8-11-10

Touched 10-03-10

******************************

Second Visit for Holidays 11-14-10

Married at the courthouse! 01-20-11

Filed I-130/485/864/765 02-03-11

NOA Received 02-08-11

Biometrics Appt. 03-01-11

EAD Approved 03-30-11

EAD Received 04-07-11

Applied for Soc. Sec. Card 04-11-11

Rec'd Social Security Card 04-16-11

AOS Interview 06-16-11 Approved!!!

Rec'd 2 yr Conditional Card 06-24-11

******************************

Filed I-751 Removal of Cond. 04-17-13

NOA1 Receipt Date 05-02-13

Biometrics Appt. 06-06-13

2nd Biometrics Appt. 02-17-15

Interview 03-13-15 Approved "FINALLY"!!!

3rd Biometrics Appt. 03-13-15 (2nd was never sent in - but we had our proof it was done)

04-06-15 Received 10 yr Card

Share this post


Link to post
Share on other sites

Sorry you guys missed a good opportunity. Same thing almost happened to me but when the embassy realized my 21st birthday was coming up, they approved my visa two months before my birthday but restricted the visa validation up to my 21st birthday.

You, your husband and your step-daughter should look at the options suggested above and see if any of those seem favorable.

Good luck!


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×