Black Velvet

My friend in Atlanta filed for his biological daughter in Jamaica. After the 130, they gave him a RFE. He had a DNA test. He used LabCorp.His daughter had her test in Kingston. The USCIS got the results before he did. He is the child's father (99.9%). His daughter had her interview in January. They took her passport and said she will receive the visa. About 2 weeks ago, the Embassy called the daughter. She was told she needed a DNA test. She explained that the test was already done. He faxed and e-mailed the report to the Embassy. He received an e-mail that the DNA test is under review. Has anyone had a similar experience?

How long the son live with them in Georgia?!! How old he was when he came to live with his dad ? what is the son visa class ?

I guess would be easy if their mom make an affidavit saying that her son live with his dad( for ??? years)in US and and state that she agreed. Get it Notarized at US Consulate ( if his mom live abroad )

Get all the school and doctor's reports and documents from ALL the time the son spent living there with him, I think would help.

You said : Her hubby received a letter from the Dept of State. WHAT THIS LETTER SAYS ????

The son has lived with biological father & stepmother for 2 years. He was 16 at the time. He just turned 18 a few days ago. The Dept of State denied the passport. The letter stated that the father did not include proof of legal custody. Perhaps he should seek legal counsel.

My friend's husband recently became a naturalized U.S. Citizen. Her step-son (his biological child) lives with them in Georgia. She was under the impression that the step-son could obtain a U.S. passport through his father. The son is going to be 18 years old next month. Her hubby received a letter from the Dept of State. Apparently, he needs to proof that he has legal custody of his son. The son has a green card and goes to high school here in the U.S. Father & biological mother were never married. What can he use to prove that he has legal custody of his child. The son was born in Jamaica. Does anyone have a similar experience?

I just want to use this forum to inform and encourage those with upcoming interview, just starting this race, that God will see you through. My Fiance had his interview at 7AM today, and he has been approved. He got to the embassy at 6AM, i didn't hear from him until 2PM(his time) He picks up his Visa next week. No lawyers, just Jesus!!! Thanks to all that read my post, answered my questions, for those that went through it and were willing to share so that novice like me could learn, Thank you. For those with upcoming date, May God Grant you favor, as long as you are in it for the right reasons, God will meet you at the point of your need. I will post a review, as soon as he his calm enough to give me the "gist." in the mean time, he said they didn't even ask for phone records, the actually gave him back the pictures i sent at the 1st stage. I mailed over 10Ib worth of data. Fedex was over $300. this has been a journey. Thank you all

Congratulations!!!!

"Cindy" is a LPR. Cindy's daughter (age 11) is in the U.S. on a B-2 visa. Cindy wants to adjust her daughter's status while in America. I know that there is no biometrics cost for her. Is the filing fee $985 or $635? Based on what I read, it is $985 but I just want to verify.

He hasn't committed any intentional fraud, so there's no issue there. He hasn't received any immigration benefits based on the first invalid marriage to his US citizen wife (e.g., he didn't get a K1 or spousal visa) so there's no issue of either immigration fraud or being ineligible for a prior immigration benefit.

As long as he's now legally married to his US citizen wife then I don't see an issue. FWIW, this is relatively common in the United States because there's no national database for marriages. Many people get married thinking they're divorced, only to find out later that the divorce was either never filed or never completed. Most states now require a copy of the divorce decree for all previous marriages in order to try to prevent this from happening. I've never heard of someone being deported for bigamy when the overlapping marriages were clearly a mistake.

Thanks for the clarification. Should he include a cover letter explaining his circumstance? Should he indicate marriage and divorce dates without a letter?

Surmising that this is "Joe's" first attempt for US immigration benefits, what type of Visa did he receive? K-1?

Yes, this is is first attempt for US immigration benefits. "Joe" used to work on a cruise line. That's how he met his current wife (American). She's American. He came here on a B2 visa, and is now trying to adjust his status. He has a child with his wife, and does not want to risk getting deported. He admits that it was his fault for not following up. He assumed that the Mexican lawyer submitted all of the paperwork (divorce).

The first wife is Mexican. His current wife is a U.S. citizen.

Here's a complicated case. I will use alias name. In 2006, Joe was married to Mary (Mexico). Mary filed for divorce in Mexico. Joe re-married and had a child two years ago. When Joe was getting ready to file for AOS, he contacted the ex-wife to get a copy of the divorce decree. Joe found out that the attorney never filed the paperwork. Eventually, Joe's divorce became final.

Joe contacted an immigration attorney. Joe was advised to re-marry the current wife. In other words, the first marriage was not valid. He did just that and remarried the second wife/mother of his child. Now, he is worried that he will be denied because he was married to two women at the same time. I told him to explain the circumstances in a cover letter, but he is afraid that he will be deported. Does anyone have any sound advice? He can't afford to pay any legal fees.

This is still a while away for me to be worrying about now.. But I know I will need a cosponsor as my fiancé did not meet the financial requirements last year...

I am the beneficiary... Can the cosponsor be a close family member of mine who is a USC???? Or does the cosponsor have to be someone from the petitioners family??

Problem with either or is no one lives in the same city or even state as my fiancé!!

My uncle in Florida and his entire family in puerto Rico...

Any recommendations??

The co-sponsor does not have to be related to you. He/she must meet the income guidelines to cover your household and theirs. The co-sponsor has to be a US permanent resident or US citizen, and can be a resident of the U.S. or U.S. territories. Here is the statement from the I-864 (Affidavit of Support).

A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.

Just recieved the email that petition k1 was approved today, i am so happy!!!!! filed august 8 2011 NOA1 august 10. i have been through hell and back emotionally

hang in there folks, yours is on the way.

Congratulations!

hey black velvet, the only id she has is her Mexican passport and her work permit here in the states, also her SS# card. if she where to use her passport and her AOS did get accepted how will it affect that, cuz she is using her new name now.

Make sure that you book the ticket with the name that appears in your wife's passport.

Your wife can leave the state, but not the country. She can use her valid passport. Here are other forms of acceptable TSA identification.

Acceptable IDs include:

U.S. passport

U.S. passport card

DHS "Trusted Traveler" cards (NEXUS, SENTRI, FAST)

U.S. Military ID (active duty or retired military and their dependents, and DOD civilians)

Permanent Resident Card

Border Crossing Card

DHS-designated enhanced driver's license

Drivers Licenses or other state photo identity cards issued by Department of Motor Vehicles (or equivalent)

A Native American Tribal Photo ID

An airline or airport-issued ID (if issued under a TSA-approved security plan)

A foreign government-issued passport

Canadian provincial driver's license or Indian and Northern Affairs Canada (INAC) card

Transportation Worker Identification Credential (TWIC)

Non-US/Canadian citizens are not required to carry their passports if they have documents issued by the U.S. government such as Permanent Resident Cards. Those who do not should be carrying their passports while visiting the U.S.

Does anyone know how long it will take for a 23 yr old to receive visa (IR)? The father (U.S. citizen) mailed I-130 this month. The son lives in Trinidad (Caribbean).

1. D

2. Yes

3. Leave it blank unless she has kids along with her.

Thanks Nancy!

Are you the intending immigrant or a co-sponsor?

I am the co-sponsor.

I have a few questions about the I-864. The US citizen (husband) does not meet the income guidelines (I-864).

1. If I am the only co-sponsor, should I select (D) or (E) in Part 1?

2. Part 3: Question 8

Should I mark yes or no?

3. Part 3: Question 9

Do I put another x in the box?

Happy New Year. There are tons of civil surgeons in Brooklyn. Can anyone recommend an inexpensive one? Also, how much does he/she charge to transcribe vaccinations?

Hey everybody, I'm new!!

So, I was on a J-1 (Not subject to the 2 year rule), met a girl here and decided to stay. We got married in April and I filed for AOS on the 28th of November. I filled out all our paperwork and filed it myself. Received 3 notices (I485, I130 and I765)about a week later. Received my biometrics appt on the 9th of December and showed up at the ASC on the 23rd. All in all, a super easy process thus far and hoping is stays that way! My J-1 had expired in July, but there doesn't seem to have been any issue to date. We're also expecting a little fella in a week or so!

Happy New Year! There's no need to worry. Your case will be treated like a person adjusting status while in the U.S. Be sure that you do not leave the country until you have your green card in hand. After biometrics, most folks receive the EAD (work permit)/AP combo) card in the mail. That's if you applied for both. Soon after you will receive an interview letter to appear with your spouse at a USCIS office. In the mean time, compile evidence of a bonafide marriage. By then, you will have your son's birth certificate that lists you as the father. DNA is great evidence.

The fastest way to bring the stepdaughter permanently to the US is for the US citizen stepfather to petition for her. He files an I-130. After approval of the I-130, stepfather will need to file an I-864 and the stepdaughter will file the application for an immigration visa, DS-230. When the stepchild arrives in the US on the immigration visa, the child will automatically get a green card. No need to do an adjustment of status like mom. This will take about 6-12 months.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

Thanks for the information.

How old is the stepdaughter? How old was the stepdaughter when mom married her US citizen stepfather? Is the stepdaughter married?

The stepdaughter is 12. They got married earlier this year The mother is 32.

BV, you have not given enough information inorder for anyone to give you specific answer, so I will have you these 3 leading questions,

What visa type did your friend wife enter the US on, or is the wife AOS's from an extended stay in the US. Your answers to these leading questions will give those who wish to assist you an avenue to which path is available to your friend.

But, they can always read the guides help above and I am sure they will find the answer to their specif situation there.

My friend is in the US. She is adjusting status from a B2.

so u mean that i will get the upgrade information till i get noa2? omg. its really a long long time/

however, i have some friends who had the similar situation with me , their case was successfully upgraded within one month after they informed uscis

My friend had the same problem. She sent the NVC a copy of her naturalization certificate (3 Aug). Her petition was upgraded from F2A to IR-1 on 18 Aug. I would suggest that you scan your naturalization certificate and send an e-mail to nvcinquiry@state.gov. Here is a sample that I sent on my friend's behalf-

NVC Case#: KNGXXXXXXXXX

USCIS Receipt#: WAC-10-XXX-XXXXX

Petitioner's Name: XXXXXXXXX

Petitioner's Date of Birth: XXXXXXXXX

Beneficiary's Name: XXXXXXXXXXXXXXX

Beneficiary's Date of Birth: XXXXXXXXXXX

Dear NVC Representative:

My case was completed on December 16, 2010. At the time of application, I was a legal permanent resident (LPR). On Monday, August 1, 2011, I became a US citizen (Atlanta, Georgia). Attached is a copy of my naturalization certificate. Please upgrade my husband's case from F2A to IR-1. Please schedule my husband's interview (Kingston, Jamaica) at your earliest convenience.

Regards,

XXXXXXXX

An alien must be in the US in order to file for adjustment of status. Until they arrive in the US they have no status to adjust. The only thing that can be filed while the alien is abroad is an immigrant visa petition.

Jim,

Obviously, you did not read my post in its entirety. The US citizen (husband) and alien spouse (wife) are both in the US. The couple is in the process of adjusting the wife's status. Can the US husband file for his stepchild who lives abroad? OR Should he do AOS for wife first?

Here is the situation. US citizen is in the process of filing for AOS (wife is in the US). He also wants to file for his stepdaughter who lives abroad. Can he file for wife and stepdaughter simulatenously? Should he wait until after his wife receives green card and file later? Please advise.