gdalicia

Hi everyone...just checking in with an update. I received the email on friday with my case number and instructions for online processing. So I paid the AOS fee online, and emailed the I-864. I'm just waiting for the IV fees to be invoiced so I can pay those and email the supporting documents. So things are rolling!

Good luck Jamaicagyaldat and luvwtrNamy!

Congrats gdalicia! Fingers crossed they don't make you redo it at the consulate.

Now it's time to enjoy the rite of passage that is NVC I hope it goes just as quickly for you.

Thanks! Do any of you guys know about electronic processing? I am trying to read up and my brain hurts. It seems as though I wait for the NVC to send me a letter, then register for electronic processing and then pay/submit documents online?

Hi everyone! Just checked the website and we are approved as of 9/26!!! So it took them exactly one week to approve the case after they received the DNA results from the lab. For those of you who have been asking about DNA, we took the test before we even submitted the I-130 for two reasons. First, I didn't want any surprises at the consulate if you know what I mean. But the main reason we did it is because my husband was never married to the mother of his child and his name was not on the birth certificate. I knew that it would be a long shot for them to approve anything without DNA. I think there's still a chance we could have issues at the consulate, but at that point we'll just repeat the test if needed.

Okay, I need to read up on next steps...

So we received our RFE in the mail...they are asking for DNA testing, which we sent with the original petition. HOwever, it appears that they want original results from the testing agency, not a photocopy. It just says that they lab should be accredited, but does not indicate that the testing has to be done through the Consulate so that's good news. Otherwise, it says we can submit evidence of relationship stuff like photos, school records, etc. I'm pretty sure I can call the DNA lab and have them submit results directly to the address provided and we should be good to go!

Hi everyone...just wanted to give a quick update that I checked the USCIS website today and we have a RFE. I was pretty much expecting this since my husband's name is not on the BC (we submitted DNA results with the I-130). I assume they'll want all the typical stuff...photos, money order receipts, etc etc. Kind of a bummer. Our NOA1 dates was 6/29 and RFE date is 9/5 so they are processing pretty quickly at CSC!

Congrats Beejay & Jimnlena!!!

YOU ARE AMAZING!!!!

I had never even thought Western Union could do this, especially since my husband isn't a member and doesn't have their card!!! I just got off the phone with them and all records for the past 5 years will be in our mailbox in 13-20 days!!!

What a relief!!! Thanks soooo much for the advice!

I was just asking my hubby about this the other night...of course he hasn't been keeping receipts. Great idea, thanks guys!!

i jus got an RFE for all that stuff. dont really know how to prove relationship before he came here.. but hopefully the recent financial records will be enough..

maybe some of the vets can come and tell us what they sent for proof of relationship.

Bummer! Well, it's good to know that's what we may be facing as well. I had one Attorney tell me we would need all the proof so I received very conflicting information. Hopefully this won't slow you guys down too much.

Can you post a link to where you read this online, please? I can't believe this is true, but am also praying to the high heavens that it is!!!

Here's the article I read: http://www.ilw.com/articles/2011,0815-jacob.shtm

That literally made me smile at the computer

(but really thanks to meblue on that one for being so willing to impart all her knowledge!)

Welcome gdalicia!

We are in a similar situation (husband never married to children's mother, late registered, father listed as n/a). Having a different name for the father on the b/c certainly does make the case more complicated but it is nothing a DNA test won't overcome I'm hoping they won't make you redo the DNA test. Did you have the test done at one of the accredited AABB testing facilities? How did you handle the collection for your stepdaughter? On another note, as I understand CSPA, because you were married before your stepdaughter was 18 and have filed before she was 21 (and I assume she is unmarried) aging out won't be a concern, correct? Does she need to enter before she turns 21 or is that not an issue?

Good luck with the process and congrats on the filing! I'm sure that felt like an accomplishment

Hi, thanks for your reply! I did the testing through an AABB testing facility but I'm expecting they may make us repeat it. The company I used told us that they would give us a break on a second test. I knew that since the BC did not have his name that we should probably submit the DNA results with the I-130. From what I understand (and this strikes me as pretty crazy) if the stepmother applies for a child born out of wedlock then they don't require all of the proof of relationship/financial support stuff like they will if the father applies. I heard that from an Attorney and found it online as well. We have all that stuff if needed so it will be interesting to see what they ask us for.

Hi everyone! This is the perfect thread for me. I just recently mailed my step-daughter's I-130 (haven't even received NOA-1 yet). A bit of background..she is 19 and living in Mexico. My husband and I were married in 2006 and he received his residency in 2008. Our case is pretty complicated though because he is not listed on her birth certificate (was never married to her mother, and she registered the birth late and put someone else's name). We tried to get the BC amended last time he was down there but it would have involved tracking down the other person which the mother was not willing to do. So, I filed the I-130 with the BC and a copy of our DNA results. I'm kind of thinking that we might still have issues and possibly have a RFE and/or have to repeat DNA?

Thanks for your reply. The I-130 process for her will be complicated. It's kind of a long story but my husband is not listed on her BC. We just completed DNA testing and will have to mail that with the I-130. He will also have to show proof of a parent/child relationship with her. So, the B2 appealed to me because I know that visits/photos, etc are one of the things they look for as proof. We haven't visited down there because of the violence so it's been four years since we've seen her. Maybe this is a lost cause and we should just forget it since chances are she will never be approved. But if they ask if we've at least tried we could say yes!

Has anyone had experience applying through Monterrey Mexico for a B2 visa? I know our chances are slim. We are thinking of having my 18 year old stepdaughter apply for a visa to come for a short (less than one month) visit. We cannot visit my husband's town in Mexico right now due to the violence down there (his area is particularly bad). I am unsure if we should do this because we do eventually plan to file an I-130 for her. Is this a big no-no? We definitely are not planning on having her overstay the visa. However, we would like to see her before we start the process and I would like her to visit here and see what she thinks, etc. Thoughts?

No there is no automatic visa for the baby. She could petition for the child when she is an LPR but it would take about an hour for the petition to be approved.

Thanks for the quick reply! You said it would take an hour...is that a typo or do you mean she could apply there at the Consulate after they grant her the visa?

Hello everyone,

I will be petitioning for my husband's 17 year old daughter who lives in Mexico. We are in the process of completing a DNA test because he is not listed on the birth certificate and their last names are different (she was born out of wedlock). Once the test is complete I will submit the results with her I-130. In the meantime, she gave birth to a baby this year. She is not married. I am confused about how this will affect her process....will her child automatically be eligible for a visa as well?

Thanks.

My letter says:

THIS INTERVIEW WILL BE VIDEOTAPED

Well, I am meeting with an attorney on Monday and he'll probably be postponing the interview so we can prepare.

Has anyone on here ever been denied? Are appeals ever accepted? I'm starting to freak out a bit here....

After hearing nothing about our AOS interview for two months, we received a notice for a 2nd interview. I believe we will be having a Stokes interview, as it says in big bold letters that the interview will be videotaped. I am totally shocked and the only thing I can think of is that our body language was terrible since we had been arguing about arriving late, the officer was pissed at us, and she did not like the fact that hubby was staying with a friend during the week due to commuting issues while we looked for a new place to live (I saw her write that down in RED pen).

My basic questions are:

Do I need to get a lawyer?

Has anyone else had this experience with a successful outcome?

How can we prepare?

Thanks

Okay, I did a bit of research and it looks like you guys are referring to automatic US citizenship for minors. Unfortunately, as my step-child she does not qualify and I have to file an I-130 for her.

I'm confused...how could she claim US citizenship??

So if I were to send in an I-130 for her, would I just include a note explaining the situation and wait until they request DNA testing? The girl's birth certificate has someone else listed as the father and she does not have my husband's name so I figure including it would be worthless. Or would we have to do the DNA testing first and then include the results with the I-130?

My husband was contacted this past year by a fourteen year old girl claiming to be his daughter. He was never married to her mother and is not listed on her birth certificate (he left Mexico before she was born and has not returned until this year). If she is indeed his daughter then we could like to give her the opportunity to come to the US. The problem is, we did not list her on any of our forms (I-129 and I-130) due to the fact that we are not 100% sure and need to have DNA testing done. Since she is under 18, if the DNA test comes back positive will we be able to file for her despite the fact that we have not listed her previously? Does anyone know how the Consulates handle cases like this?

Thanks for both of your responses. I am torn between wanting to avoid an RFE and not wanting to send them things that they don't ask for. I also have read and re-read the instructions to make sure I'm not missing anything. I guess they assume that if you have an approved I-130 then they already have your marriage certificate.

I am noticing that the revised I-485 does not ask for a marriage certificate. (filing as a K-3) I still see it listed in the guide here on the site, though. Should we only follow what it says in the USCIS instructions? (it also doesn't ask for a copy of the I-94)

The reason for waiting is that she said there has been a recent increase in I-864 RFEs that are stopping the 90 day clock for EAD. In order to get the EAD as soon as possible, she recommended filing it first (separately) and waiting on the AOS until the EAD has been approved. She seemed to imply that *perhaps* the RFEs are a way for them to buy time given the huge backlog.

When you file AOS w/ I-765 it goes to the Chicago Lockbox, but when you file the I-765 separately it goes directly to the Service Center (In my case it would be CSC).

Hubby entered on a K-3 visa last week. We are gathering everything together and I was hoping to send in our AOS packet this week. However, an Attorney recommended today that I file the I-765 separately due to the fee increase backlog and the recent increase of I-864 RFEs. I was wondering if anyone here has had success doing this? If I send the I-765 first I will be filing through CSC, which I understand is extremely backlogged. Her reasoning is that it's worth the $300 extra dollars to insure that we get the EAD as soon as possible.