Jump to content
SmallTownPA

Another 'what happens next' question. (merged)

14 posts in this topic

Recommended Posts

City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
Timeline

I am a USC. I married my Chinese wife in the US (April 2015) and filed her i-130/i-485 in May 2015.

Her daughter was 18 when we married but then turned 19 in August 2015. Her daughter is a student in China.

Wife did not want to do any immigration paperwork for her daughter until yesterday. Her daughter just turned 20 this week.

I know that at 21 her daughter will move to a much less favorable visa category, and we are looking for options.

I did list her daughter in section 17 of my wife's I-130. Does that give me/her any immigration benefit? Time credit or anything??

If I understand correctly, my wife is the only one that can apply for any benefit for her daughter. And most likely the daughter turning 21 pretty much ends ANY hope of a quick reunion.

Even if wife gets USC, the daughter is still a F2B and has 5+ years to wait.

Thanks for any help.

Share this post


Link to post
Share on other sites
Filed: Timeline

You HAD to have listed her daughter on the I-130, because it asks for all children. Otherwise it would have been filled out with incorrect information. It is not a choice. It "helps" in that you did not fill out the form incorrectly.

Yes, at this point, your wife would have to petition her after she gets permanent residency (though based on how long ago she filed, she should have gotten it already), and the daughter will likely age out into F2B, which has a 6.5 year wait.

In a situation like yours where the child was between 18 and 21 when you wanted to marry, a better option would have been to get a fiance (K-1) visa for the spouse, in which case the child would have been able to get a K-2 visa and immigrate at the same time.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Argentina
Timeline

hi

as said, no credit, it was her obligation, for information purposes to list all children on her i130, whether they could immigrate or not, it doesn't change anything

she can only file for her and it will take many years as you know

as stated, you could have filed the fiancé visa and both would have come at the same time, but if her daughter didn't want to come at that time, now she will have to wait

Share this post


Link to post
Share on other sites
City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
Timeline

Rats. Daughter didn't want to leave school and even though I explained that its essential that we file ASAP (last year) only now did she want to do it.

Its bad new, but thanks for the help.

Share this post


Link to post
Share on other sites
City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
Timeline

Sad to say I'm finding the 'Guides' section of this site rather poorly done. The sites many dead links and jargon make things difficult to follow.

So here we go (yes I read the guide, not it did not help).

I married my wife and she has her GC.

Her daughter is 20.

She submitted an I-130 for her daughter and the "Priority Date" was 20AUG2016 (IIRC, I know the month/year, not the day)

I look at the Visa Bulletin and it shows F2A 14NOV2014. That means that my daughter will possibly 'age out'.

But I read that there may be some time 'given back' to her due to processing the forms? What denotes that 'time given back period'? Is it automatic? Do we have to file a form for it?

Also the Visa Bulletin no longer matches the 'tutorials'. There are many charts and they all say "look at the chart". OK, do I get to randomly pick which one????

Any jargon less help would be appreciated.

Thanks

Share this post


Link to post
Share on other sites

Your married to her mom why dont you apply for her?

She is your stepchild so she should move quicker for USC.

I belive i can be wrong

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Share this post


Link to post
Share on other sites
Filed: FB-2 Visa Country: Bangladesh
Timeline

Your married to her mom why dont you apply for her?

She is your stepchild so she should move quicker for USC.

I belive i can be wrong

Yes, but the USC would have had to have married the child's mother before the child turned 18. Is this true, OP?


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

I have to chime in and defend this site :) I've been using it since 2012, guides, charts and all, and found it extremely helpful. You have to hunt, dig, ask, and it takes work. This is what saves us from having to pay an attorney to do these same steps.


K-1
03/09/12 - NoA1
10/04/12 - NoA2 (210 days)

AoS

01/25/13 - NoA1
08/15/13 - NoA2 (199 days)
 

RoC
05/21/15 - NoA1

11/02/15 - NoA2 (164 days)
 

N-400

08/18/16 - NoA1
03/14/17 - Interview

03/16/17 - Oath Ceremony (217 days)

US citizen

Total time start to finish: 5 years, 12 days (1,838 days)

 

Need a Realtor in NC?

Share this post


Link to post
Share on other sites

I have to chime in and defend this site :) I've been using it since 2012, guides, charts and all, and found it extremely helpful. You have to hunt, dig, ask, and it takes work. This is what saves us from having to pay an attorney to do these same steps.

I second this :secret:

Yes, but the USC would have had to have married the child's mother before the child turned 18. Is this true, OP?

ahh thanks I wasn't sure on that :idea:

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ukraine
Timeline

So is it guides are poorly done or you just throwing a fit because you don't like how time estimates work here?

Processing times are mostly based on user created timelines and they are not supposed to be used as an accurate tool.

Lawful Permanent Residents

check.gifIf you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

ball.gif Form I-130, Petition for Alien Relative
ball.gif A copy of your alien registration card
ball.gif A copy of the child's birth certificate showing your name and the child's name
ball.gifIf anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

Seems pretty straightforward and simple, no?


Oh, what a day, what a lovely day!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

**** two threads on the same issue merged. Please do not post more than one thread on a question/ problem. *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
Timeline

Sigh, they are not THE SAME TOPIC.

One was asking about the times, the other is asking HOW TO READ THE VISA BULLETIN. Silly me giving context and trying to provide as much info as possible.

"Also the Visa Bulletin no longer matches the 'tutorials'. There are many charts and they all say "look at the chart". OK, do I get to randomly pick which one????"

The first two sticky's of this forum are dead links. So yeah, not very useful. And one of the most common topics not covered in the guide is age out question.

If pointing out that dead links are dead and the copious amount of jargon is confusing is rude, then delete/fix the links and moderate the jargon.

Thanks for nothing.. really. :no:

Edited by SmallTownPA

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
On ‎8‎/‎10‎/‎2016 at 8:39 AM, SmallTownPA said:

Rats. Daughter didn't want to leave school and even though I explained that its essential that we file ASAP (last year) only now did she want to do it.

Its bad new, but thanks for the help.

Too bad, sometimes you have to be smart and see what is really important. Now she will have to wait.

Share this post


Link to post
Share on other sites

*** Zombie thread closed.

 

VJ Moderation


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- 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.
×
×
  • Create New...