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jo&john

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    Submitting AOS before 90 days

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by jo&john

    Can we submit our AOS paperwork before the 90 days? We are filling it with the Dallas location so we need an appointment, this is why I'm asking cause we have to get an appointment. Thanks for your help.

    Yes, you can do it before the 90 days and you need to make an Infopass appointment (on-line). The appointment letter (which you have to print) will give you a checklist of what you need to bring. Bring this print-out letter during your scheduled appointment. Good luck.

    (F)

    Very Sad: Other K2 daughter denied AOS

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    omg...i am sooo sorry to hear this, was hoping for something positive, ......very happy that girona40 is at your side, and that there could be anothwer way around this for you....plz stay strong, and we are all here for you....god bless... (F)(F)

    plz keep us updated

    Rest assured Deb...we will...thanks for your support...we pray that the K-2 case in California will win this March so that our 21 y/o K2's will all make it.

    God bless,

    Jo (F)

    Very Sad: Other K2 daughter denied AOS

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Sorry to hear about this. It's really unfortunate. I do think that you may need legal representation for this. Best of luck to you and your family. Let us know what happens.

    Off topic: I see you are from Iloilo City in the Philippines. I grew up there! It's nice to see another Ilongga in these forums ^_^

    ajmc, yes...it is really unfortunate...we were hoping that my daughter can make it...but she didn't. Girona40 told me to be hopeful, because there is still a way...and we will fight it to the end. We are now looking for legal representation. We will surely update everyone here at VJ....and yes, I am from Iloilo City, Philippines...nice to know that you are an Ilongga too!

    Your fellow Ilongga,

    Jo (F)

    Very Sad: Other K2 daughter denied AOS

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Jo, I'm sorry to read this.

    I don't think you can NOT afford legal representation at this time.

    We need Girona40 on this thread to see how this situation differs from Michael's.

    Thanks Rebecca, I was able to keep in touch with Girona40.

    Girona40, it was nice talking to you and your husband. I appreciate your help.

    Take care,

    Jo

    Just wanted to add my own regrets here. I'm sorry you have hit this road-bump but you sound like a strong family - this too will be overcome.

    Mo

    Thanks Mo...i hope my family will overcome this crisis...

    Jo (F)

    Catholic Social Services provide low cost, even pro bono immigration lawyers.

    Look in your phonebook for your nearest office, you don't need to be Catholic.

    Thanks mmb, I will look into this...I am a Catholic

    God bless,

    Jo (F)

    Very Sad: Other K2 daughter denied AOS

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by jo&john

    Yes, they sent my daughter a letter of denial, despite the fact that we were able to file for AOS application through the DORA program, got accepted and got interviewed (11/27/06) and had our biometrics (12/26) done before she turned 21. The rest relied on how long the FBI name checks will be and the discretion of the adjudicating officer. I received emails (01/26/07) from USCIS that they have sent (01/25/06) my 9 year old daughter and I our welcome letters as permanent residents (which we received 01/31/07) but we haven't received any email for my other daughter who aged out (01/06/07). We are really devasted with my other daughter's outcome.

    I got my daughter's mail (01/30/07) from Homeland Security (USCIS 8101 N. Stemmons Fwy, Dallas Texas) and decided to open it because I had a bad feeling that it is a denial since the letter didn't come from Missouri Service Center where our cases were sent. True enough it is a a denial.

    DECISION

    You filed Form I-485, Application to Adjust Status on ____ pursuant to Section 245 of the Immigration and Nationality Act, as amended. The application is denied for the folowing reason(s):

    Title 8 Code of Federal Regulations Chapter I Section 245.1 (a) states, in pertinent part:

    "Any alien who is physicaly present in the United States...may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive and immigrant visa and an immigrant visa is immediately available at the time of filing of the application."

    To be eligible to receive an immigrant visa, you must still be considered a child defined in Section 101 (B)(1) of the Immigration and Nationality Act, as amended as "an unmarried person under 21 years of age...." Service records indicate you are now 21 years old, and are therefore no longer eligible to receive an immigrant visa.

    Your application is hereby denied. Any employment authroization or advance parole you received as a result of this application is hereby terminated. USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of Form I-485 will leave you without lawful immigration status on _____. You will then be present in the United States in violation of the law. You are required to depart the United States on or before _____, or be subject to removal proceedings. Remaining in the United States beyond this time wil also affect your ability to return to the United States.

    Our Congressman's Office inquired from Immigration and presented the argument that the application, interview, biometrics were done before she aged-out but was told that the decision remains and even wondered why she was allowed to apply for an adjustment because they said that the stepparent/stepchild relationship should have occurred before the child turns 18 and since the marriage of parent and stepparent occurred after she turned 18, she is not eligible to adjust since the petitioner is the stepfather. I am concerned about this argument given by USCIS to our Congressman's staff because this would have implications to other K-2s who wil come over here after they turned 18; they may not age-out but may not be allowed to adjust because of this ruling.

    Anyways, per recommendation of USCIS, our Congressman staff told me that I could already petition for my daughter even though I am only a conditional permanent resident using Form I-130 (Alien Relative) and I should do this as soon as possible. Then I should appeal to an Immigration Judge for "Stay of Deportation" since the priority visa date is February 2005 so that they will let my daughter stay here and I could use our Permanent Protection Order (Philippine Republic Act 9262 or Anti-Violence Against Women And Their Children Act of 204) against my ex-husband for her not to be deported back to the Philippines. We need legal representation and I am not sure if we can afford it. Do you know of one who charge at a minimal fee.

    Do you think we would take this path? What are your thoughts? What are your recommendations? Please help!

    Sincerely,

    Jo (F)

    I am starting a prayer brigade for non-stop approval of NOA2s especially for those who have long been waiting and for all other approvals you

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    VJ's candles

    Just to remind you in case you want to light a candle too.

    let us pray and light candles again..for those who are preparing their applications, may they be guided in the process...prayers for those who have just filed their petitions, may they have the strength, the patience and the positive attitude...prayers for the USCIS adjudicators, that they expedite the cases and give approvals fast....prayers for the fast delivery of approved petitions from USCIS to NVC...please guide and bless the personnel at USCIS and NVC that they facilitate and speed up the process...prayers for a fast delivery of the approved petition from NVC to the Foreign consulate...prayers for a fast delivery of the packets to the alien fiances/es/spouses...prayers for the USC fiance's, that they will be able to send all the necessary documents to their alien fiances/es/spouses needed for the interview....prayers for the alien fiances/es/spouses for guidance during their medical examinations and preparation of their documents for the interview...prayers for those who will be interviewed, that everything will be at their side: good weather, courage; trust and confidence that they will make it; that they bring everything needed for the interview; and most importantly visa approval from the consul...bless the consuls, that they won't give the applicants a hard time during the interview process....let us also pray for the fast processing of the visa by the US Embassy so that we could be together with our loved ones very soon...be with us and guide us as we pack our things for that trip to be with our sweethearts, may we bring all that are needed..guide us on the necessary steps to make for that trip...that the journey will be smooth...and a wonderful experience at our Port of Entries...and wonderful relationship with our loved ones...bless the relationships...let them grow and let every couple be supportive of each other...be with us in our midst and in every step and decisions we make...we ask you this Oh, Lord...

    Amen (F)

    More prayers and more candles to all...be with us Lord!

    (F)

    Praying for Expeditious Handling of my 20-year old daughter's Adjustment of Status...this we ask you through Christ our Lord. Amen.

    Sacred Heart of Jesus...I trust in you ...Sacred Heart of Jesus...Thy Kingdom Come...Sacred Heart of Jesus...I believe in Your love for me. Amen

    (F)

    Lord, we continue believing and trusting. Be with us always.

    "That You will bless us indeed and enlarge our territory. That Your Hand will be upon us. That You will keep us away from evil. That we may not cause pain."

    Lord, thank You for our biometrics schedule on the 26th of December. Please take charge after that. Thy will be done. Bless our family. Give us strength and courage. Be at the center of our family. Bless all VJ members and give them their heart's desire...whatever will be best for them.

    Amen.

    (F)

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