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Filed: K-3 Visa Country: Colombia
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Hi,

My wife and 20 year old step-daughter got their K-3 visa. Now USCIS has denied I-130 for my step-daughter because she did not become my step-daughter before she was 18 years old. So other in words, she can come in the country but she can not become a resident. Is there any way around this??

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Filed: Other Country: Philippines
Timeline
Hi,

My wife and 20 year old step-daughter got their K-3 visa. Now USCIS has denied I-130 for my step-daughter because she did not become my step-daughter before she was 18 years old. So other in words, she can come in the country but she can not become a resident. Is there any way around this??

There is nothing you can do.

Here is the scenario:

1. You are lucky that you got your stepdaughter in the country, because she was eligible for a derivative K4 visa.

2. You cannot petition her as an immigrant because she turned 18 before you married her mom.

3. The K4 visa is good for 2 years, renewable up to 10 years. During that 10 years, her mom can petition her daughter after her mom gets a Green Card, but the quota wait will be a few years. In the meantime your stepdaughter needs to get a U.S. citizen husband.

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