K2 out of status with notice of denial

[Vetchay 0]

My mom had a conditional GC and me and my sister applied for AOS but it was denied because of abandonment. We were not able to comply the RFE that was asked by the immigration because my mom and step dad had seperated and is undergoing divorce. We may be put in a removal proceeding. Any idea, suggestions on what to do? Is it better to go back to our hometown or just stay even when im out of status? Btw im only a minor. Thanks.

[Cyberfx1024 7,978]

9 minutes ago, Vetchay said:

My mom had a conditional GC and me and my sister applied for AOS but it was denied because of abandonment. We were not able to comply the RFE that was asked by the immigration because my mom and step dad had seperated and is undergoing divorce. We may be put in a removal proceeding. Any idea, suggestions on what to do? Is it better to go back to our hometown or just stay even when im out of status? Btw im only a minor. Thanks.

Why was it denied for abandonment, did you not go to the interview or biometrics appt, or did you go back to your country?

[TM92 527]

@Vetchay, when was the AOS denied? Is your sister also under 18? Although unlawful time under the age of 18 doesn't count towards the three- and ten-year bars, its best to leave as soon as reasonably possible in order to avoid a forced deportation: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-4.html Your mother has LPR status and can go through ROC with a divorce waiver (this is common). Your mother can stay if she wishes. If she decides to stay, she can file two I-130s (one for you and one for your sister). You will have to wait for your immigrant visas in the Philippines; and to still qualify you should remain unmarried. If you enter the US before you are 21 CSPA age, you will be F2A; F2A takes about 2-3 years. See the following link to read about how CSPA age is calculated: https://www.uscis.gov/greencard/child-status-protection-act

Quote

The formula for calculating CSPA age is as follows:

Age at Time of Visa Availability - Pending Time = CSPA Age

Example:

You are 21 years and 4 months old when an immigrant visa becomes available to you. Your petition was pending for 6 months. Your CSPA age is calculated as follows:

21 years and 4 months - 6 months = 20 years and 10 months

Edited November 12, 2018 by TM92

[geowrian 22,335]

Without the marriage and support of the petitioner, you have no legal status nor ability to obtain legal status in the US. Time to go home. Your LPR mother can petition for you (why didn't she do this already?) and then you will interview abroad.

[Vetchay 0]

Im only 14 and sister is turning 5. My mom was thinking of sending me home and have her condition remove. Still waiting for her divorce decree coz they just agree on divorce this Nov 7. What does she needs to do inorder to petition us? What are the steps for her to remove conditions? Coz I really wanna go back here in the US.

[Vetchay 0]

It was just denied this november due to not complying rfe because what they are asking are documents from my step dad. Which we cannot provide since step dad is not willing to support us anymore. Mom is thinking to send me and my sister home, is that the best and only way so that she could petition us again? And how sure am I that her paper are gonna be fixed? She still has to go through ROC and self petition herself.

[geowrian 22,335]

She starts by filing an I-130 for each of you.

https://www.visajourney.com/content/childpet

[Boiler 43,396]

Seems to be common with PI for children to come later so mother came adjusted, some point marriage failed, children came later have not adjusted and have no basis now of doing so.

[TM92 527]

4 hours ago, Vetchay said:

And how sure am I that her paper are gonna be fixed? She still has to go through ROC and self petition herself.

Like mentioned before, divorce waiver for ROC is very common. When the divorce is final (takes at least six months in California) OR the 90-day filing period for ROC begins, your mother can follow the advice in the following link (the I-751 filing fee is outdated; its now $595) and file for removal of conditions (she would send it to the USCIS Phoenix Lockbox; P.O. BOX 21200 if by USPS): https://mypathtocitizenship.com/filing-for-divorce-waiver-for-i-751-removal-of-conditions-and-the-interview/

4 hours ago, Vetchay said:

What does she needs to do inorder to petition us?

She can submit the 2 I-130s now, before you leave, if she wishes. Here is a guide: https://www.visajourney.com/content/childpet Since she lives in California, she will send the I-130s to the USCIS Phoenix Lockbox (PO Box 21700 if by USPS): https://www.uscis.gov/i-130-addresses

Just a FYI, for both the I-751 and I-130, USCIS now accepts credit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees

Edited November 12, 2018 by TM92

[Vetchay 0]

Can she just submit I-I30 after she finishes her ROC? Because filing it altogether will be so much expensive. Plus she has a lawyer to prepare her paper works for ROC. That lawyer also advice her to send us home. Its just me who's thinking and seeking other advice on this matter. Thanks everyone!

[TM92 527]

6 minutes ago, Vetchay said:

Can she just submit I-I30 after she finishes her ROC? Because filing it altogether will be so much expensive.

Yes. You will just have to wait some more time for your immigrant visa; filing the I-130 secures your place in line for a F2A.

[geowrian 22,335]

The longer she waits to file the I-130s, the longer it'll be before you can immigrate and the longer you are in the US illegally....increasing the chances for being deported (and therefore waiting even longer to immigrate).

[Vetchay 0]

Can she just submit I-I30 after she finishes her ROC? Because filing it altogether will be so much expensive. Plus she has a lawyer to prepare her paper works for ROC. That lawyer also advice her to send us home. Its just me who's thinking and seeking other advice on this matter. Thanks everyone!

[Vetchay 0]

She needs to file ROC first right before the I-I30

[TM92 527]

9 minutes ago, Vetchay said:

She needs to file ROC first right before the I-I30

She can file the I-130s now, if she wants, because she is a LPR (she's been a LPR since her 2 year GC was approved).