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Vanessa + Mario

Help! What am I missing?!

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Hey guys! 

My friend is trying to adjust the status of her daughter. My friend is a USC. Her daughter was born in Mexico. Against my advice, she didn't register her daughter w/ the American consulate. 

Her daughter is here on a B1/B2 visa. My friend decided to adjust her daughter's status now that she is here. 

I've seen AOS checklists but they are not for this kind of case- does anyone know where I can find exactly what she needs?

 

thank you! I really appreciate it!



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

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 How did your friend get their USC ?    If they had it long enough when the child was born there is NO path to a visa.  They will not issue a visa to someone that has claim to USC themselves. 


This will not be over quickly. You will not enjoy this.

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****** Moving from AOS from Family Visa to AOS from Tourist Visa. ******

 

When you say the child was not registered with the consulate, what exactly do you mean? The birth of a foreign child need not be registered, but if the daughter had a claim to US citizenship, then that will complicate matters.  Similarly, if the mom came on a visa where she was supposed to list all kids, but did not.


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.

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9 hours ago, NigeriaorBust said:

 How did your friend get their USC ?    If they had it long enough when the child was born there is NO path to a visa.  They will not issue a visa to someone that has claim to USC themselves. 

My friend was born here, and her parents moved to Mexico when she was 8yo. She hadn't been in the US in16 years. Her daughter was born in Mexico, and she brought her daughter on a B1/B2 visa. They have decided to stay in the US, but we're told by USCIS they have to file AOS for her daughter.



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

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31 minutes ago, Penguin_ie said:

****** Moving from AOS from Family Visa to AOS from Tourist Visa. ******

 

When you say the child was not registered with the consulate, what exactly do you mean? The birth of a foreign child need not be registered, but if the daughter had a claim to US citizenship, then that will complicate matters.  Similarly, if the mom came on a visa where she was supposed to list all kids, but did not.

I was told that when a child of a USC is born outside of the US, they have one year to register (now I'm wondering if that is the correct term) her daughter w/ the consulate. Consular report of birth abroad? Don't know if that's what it's called. She now wants AOS for her daughter, since they have decided to stay here. Mother is USC. 



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

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I suggest your friend refer to and read this information posted on the U.S. Immigration website, 'U.S. Citizenship for Children FAQ'. Web-link = https://www.immigrationdirect.com/us-citizenship-children.jsp

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Vanessa + Mario these are two other informational resources posted here on the VJ website = http://www.visajourney.com/content/child, and http://www.visajourney.com/content/childpet.  

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Sounds like your friend couldn't file a CRBA due to lack of time in the USA after age 14.  So the child can derive citizenship when they are in the USA, as an LPR, in the custody of a USC parent.   I know why your friend, a USC, is adjusting the status  of her daughter. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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11 hours ago, MXcompadre said:

Vanessa + Mario these are two other informational resources posted here on the VJ website = http://www.visajourney.com/content/child, and http://www.visajourney.com/content/childpet.  

Thank you soooo much the links!!! They were very helpful. ?



event.png

20 Aug 2012: Got engaged! (L)

K-1 VISA

28 Jan 2013: K-1 sent

07 Feb 2013: NOA1

04 Jun 2013: NOA2

?? Jun 2013: NVC Received

20 Jun 2013: Consulate Received

?? ??? 2013: Packet 3 Requested in CDJ (Never received!)

03 Oct 2013: Interview- Requested Petitioner's presence :(

30 Oct 2013: 2nd interview- Eligible for I-601 waiver

20 Nov 2013: I-601 waiver sent

?? Apr 2014: RFE

21 Jul 2014: RFE mailed

29 Jul 2014: K-1 approved :dancing:

08 Aug 2014: 2nd med required

25 Aug 2014: CEAC status- ISSUED

28 Aug 2014: Visa arrives @ DHL

02 Sep 2014: Visa in hand

03 Sep 2014: POE- LAX

05 Sep 2014: Married! :wub:

AOS

28 Oct 2014: I-485, I-131, I-765 sent

04 Nov 2014: Case #'s for I-485, I-131, I-765 assigned

07 Nov 2014: NOA 1 arrive for I-485, I-131, I-765

12 Nov 2014: Letter for biometrics appointment arrived

25 Nov 2014: Biometrics appointment

26 Jan 2015: I-131 approved; I-765 sent to be produced

29 Jan 2015: Card mailed out

30 Jan 2015: Combo card received! :dancing:

20 Feb 2015: DMV- Written test passed! Temporary License issued (Had MXN Lic.) :)

25 Feb 2015: USCIS Letter- Possible Interview Waiver!

12 Mar 2015: CA License obtained (Passed Behind-the-wheel test) :dancing:

06 Aug 2015: GC approved! :dancing: (Welcome to U.S. letter received 8/10)

19 Aug 2015: GC received in mail (2 year Conditional Residence)

Mzcjm7.png

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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