h0tgunn

If only a lawyer here can check the ruling of a step child way back year 1996... Not the year 2000-present... Many rules have change guys. Even the AOS have change..

The CO was correct. You are not eligible for a step-child visa since you were more than 18 at the time of your parent's marriage. The reason the petition went ahead all the way to the embassy is because USCIS determined that the claimed relationship existed between the petitioner and the applicant - and that is all they do. The petition approval looks merely if the claimed relationship exists (Are you a step-son of the petitioner). That was determined and the petition was approved. Now the consul must look at every factor and found out about your ineligibility. You don't have any grounds for appeal. Sorry for the long wait.

Thanks for the response. So they dont inspect the birth certificate and age when the petitioned filed in 1996? How come my brother who's in 20 years old got his visa? He was petition at the age of 20. Is it possible didn't check his age by the consul? Anyways will check with the immigrant lawyer.

i have done a little research it seems year 1996 immigration law is not that strict comparing year 2000's. there's no law stating the stepchild should be under 18 in 1996. i think that's the reason why pur petition is being process... anyways my parents have talked to an immigrant lawyer and there's a big chance. thought consul are lawyers when i asked him if the law today about the stepchild applies in 1996 he didnt answer. this is where the appeal take place i think...

***** English only in the Immigration forums please! *****

I am so sorry for you, but they were correct; you are not elligible for a visa via your step mom as you were over 18 when the marriage occured. There is nothing to appeal.

Hello Penguin - Thanks! This is what im bothered my step mom file the petition 1996 4 of us one is 17,20,23,27. If there's rule of a stepchild over 18, why is my brother who is in 20 got approved and already left? And why are filed petition in 1996 is being process? If there's such law we already been denied while applying in the first place..

You remained unmarried during the entire process?

im unmarried guy ako bro.. :-) actually thats not the issue. The issue is the consul said that i was ineligible to have a visa dahil 27 years old ako nung na petition ako ng step mom ko. May law pala na pag step child pinetition dapat ang step child under 18 at na established na dapat ang marriage ng parent nun. Kaso nga bakit na approve nun na file ang petition ko 1996 eh 27 ako nun lagpas na sa 18. Hinala ko bagong law lang ang stepchild na 18 wala pa yan nung 1996.. Hindi naman dapat ma affect ang case ko dahil na process na saka rules lang yan to qualify ang category buts not the category i violated... will appeal na lang there's a big chance daw sabi ng immigration lawyer... i hope so.. :-)

So all of this time, you've been waiting as an unmarried woman?

what do you mean?

And just to add my step mom petition my brother when he was 20 years old of age and got the appoitment year 1996 and left 1997. How come there's no law apply the 18 years old. Weird!!! I forget to tell this to the consul because i got frustrated... Damn!!!

If you were over the age of 18, as seems likely, then they are correct. Can your father sponsor you, has he?

Yes that's the correct. But the thing is why they have accepted the petition and process knowing that im 27 years of age in the year 1996? If only they deny it on the first place my dad will petition me so i may not encounter problems right now...

So you are 42 now?

Yes I'm already 42 yrs. old.

How old were you at the time your step-mom married your biological father? If you were 18 or older then she can't petition you.

I'm 27 years old and that's the year 1996 she petition me. How come it was been process or granted and upto my appoinment. I wasted so many years of waiting sending legitimate documents and all of a sudden it will be deny from the last part of the process which is the consul interview. Can this be appealed? Will I have a notice coming from NVC?

Hello there - I hope someone here is an immigrant lawyer. I was being denied due to my step mom (us citizen) who petition me when i'm the age of 27. The consul told me the petition must given to me when I was before 18 of age when the marriage is established to my biological dad. My question is, can this be appeal? How come they didn't deny the petition the time they file the petition in 1996 if there such a law on that scenario. For all these years I've been waiating.. I'm a FB-1 category.

Appreciate someone can help me... :-(

Thanks!

Sorry guyz.. Got denied technically... :-( Sayang for 15 years I've been waiting, hindi pala pwede ang us citizen na step mom mag petition s child na over 18 years old...Ako kasi 27 years old that time.. Kailangan pala biological parent.. My parents will appeal na lang kasi they're not aware and how come they accept the petition to us and got process in the us immigrant office kung may ganito palang batas... Eto ang appeal nila na lang and humanitarian due to my sister who'e in coma.. Anyway america is not for me i guess.. Thanks guyz for your inputs.. Madali lang interview,,, na technical lang talaga ako even the consul is too sad. Move on na lang.. :-)

Thanks sa prayers! Hope everything goes well.. Just attended mass kanina sa St. Jude Cathedral for guidance tomorrow.. :-)

Reschedule your interview...

Thanks so much babystef for the prayers! Hope sana wala ng maraming tanong sa mga FB-1 (unmarried son and daughter us citizen 21yrs or older).. :-)

Congrate babystef!!! Ako bukas na.... kinakabahan na ako... waaahhhhhh!!!

For NBI, cenomar and petitioner itr you need the updated one...

Yes real plenty... got mine for 1 week...

That's what they said too but it's almost 1 month already. I just wish they will get it soon. Thanks!

wheres the mailing address? MM or Province?

Additiinal documents will take 2-3 weeks...

Well, she can request another cenomar and change the purpose. Since she already requested, processing time will take 1 1/2 week or less since she already has a record. The important in cenomar is that requestor will be her, her full name. All pertinent information like birth date place and biological father and mother name are all correct. If the consul ask why marriage purpose, the marriage is intended for you as her fiancee... Since her interview is still in November,, she can request again if you want to have a peace of mind.. :-)

Lahat tayo papasa! Walang babagsak! Trust with God and our Lord Jesus Christ!

imm 33 y/o and my kids are 3 y/o twins sila boy at girl..hubby ko nagpetition samin. Filipino din sya. Nervous nako kasi next week na interview ko..

what day ka next week babystef? baka mag kasabay pa tayo... :-) anyways much better you bring the kids during your interview. mas gagaan ang pag interview niya sayo at symepre gusto naman ng mga consul ang pagsama niyo na. importante rin kasi sa amerikano ang welfare ng family. masyado lang kasi natin na abuso pag petition before kaya masyadong na backlog ang mga petition ng pinas...

ndi po sila kasal kua... ewan k0 dun bka p0 takot iwan ng br0 ko.. kya ayaw pasama un nga p0.. sayang ung fee na binayad sa knya.. ayaw p0 tlga kahit anu gawin namin pag convince,,..

s0 ganun n lng p0 un?.. wala na po kmi kailangan gawin?.. tnx po sa pagreply..

ung anak ko kasama ko p0..

bka this coming week kmi pa medical..

dba nagpamedical na p0 kau?..

any tips p0.

lalo na po may anak po akong ksama pa medical..

salamat p0 ulit,..

hello alex - what i meant sa retrogress is recession.... :-) goin back sa issue ng brother wala naman you just explain why.. pero seek opinion pa rin sa iba.... sa medical,,, just bring the appointment letter photocopy, usa visa pix 2x2 3 pcs., passport and fee...go there wed or thur... in my opinion hwag niyong agahan ang punta ganun din kinalalabasan ang paghihintay... they are open 6am... make sure na you are confident you're not sick especially sa lungs and blood counts dapat normal... sa immunization dalhin mo records ng mga bata at kung meron ka rin. kung wala naman record sabihin mo lang wala... ang clue kung pasado ka ay yung pag balik mo pag kuha ng result sa guard ay for immunization ka... dala rin kayo malilibangan ng mga bata like gadget na may games... matagal ang paghihintay dun... hehehe maganda a week before or two weeks cleansing ka muna,, drink plenty of water,,, juice,,, vegetables,,, fruits,,, etc... super higpit sila sa lungs dapat clear na clear...

ako rin p0 may tanung..

ako p0 and my brother was petition by my m0m..

may anak n p0 kmi pareh0..

and kasama rin p0 sa petition..

sa n0v na p0 ang interview namin

and f0r some reason ayaw ng partner ng br0. ko na isama ung anak nila..

per0 visa paid na kming lahat,..

anu p0 kayang step ang dapat gawin..

panu p0 kung dun pa kmi magka problem.. anu p0 kayang dapat namin gawin..

tnx in advance p0..

gudluck sating lahat..

GODSPEED..

hello alex - masyadong sayang kung hindi makasama mga bata... opportunity na yan... iba pa rin sa amerika kahit sabihin mong nag retrogress sila.. wala bang magawa brother mo? if you dont mind hiwalay ba sila? wala naman problema kung hindi sila makasama... sayang lang ang binayad niyo yun lang... sabihin lang naman sa consul kung bakit hindi sasama,, sabihin lang ayaw ng ipasama ng mother...