Another 'what happens next' question. (merged)

[SmallTownPA 71]

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.

[newacct 688]

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.

[aleful 1,905]

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

[SmallTownPA 71]

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.

[SmallTownPA 71]

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

[Anitafeliz 1,133]

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 September 8, 2016 by Anitafeliz

[teeak 224]

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?

[TigerFlower 61]

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.

[Anitafeliz 1,133]

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

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

Edited September 8, 2016 by Anitafeliz

[zorus40k 21]

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

If 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:

Form I-130, Petition for Alien Relative
A copy of your alien registration card
A copy of the child's birth certificate showing your name and the child's name
If 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?

[Penguin_ie 5,986]

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

[SmallTownPA 71]

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.

Edited September 19, 2016 by SmallTownPA

[retheem 553]

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.

[Unlockable 7,306]

*** Zombie thread closed.

 

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