mamalou

OMG! i am not expecting this, hard to believe then... its so frustrating, after i was denied AOS + i-130 while i was in the US, because of age issue & i opted to just return to my country because i want to do the right thing & not stay illegal. And now it turns out i will be F2B because of this age issue, omg it will take time again before i can come to reunite my mom & my friends there.

I have another question, in the middle of 2012 my mom will apply for naturalization & probably become a US citizen, i understand she can move my category to F1, will it be faster or will it be longer? how long would i wait then, given the situation?

THANKS FOR THE REPLIES. Bad or good, i don't mind. I'll accept the realities.

My daughter who was 19 came on a K4 visa but she got married to a USC before the AOS was denied. She was able to adjust her status through her husband.

Yah its an option, but i dont know shes not ready yet for that matter.

Thank you all vjers for sharing your knowledge I learned a lot from you. You are great people. Life has to go on with us, no matter what it takes.

She was eligible for a K-4 admission but just not eligible to adjust status... In this situation the K-4 is considered a "dead-end" visa and she is not the first one to have this happen too.

She can remain until the I-94 expires on her K-4 (not automatically the 30 days everyone is thinking). The 30 days is only if her I-94 has already expired.

A K-4 admission she was definitely eligible for... just not a CR admission or an adjustment candidate from the K-4... Subtle but important difference

I was terribly sad & depressed, last night me & my daughter talk about these things we cried thinking we will be away from each other. But

When you said she can remain until her i-94 expires, I was relieved then, somehow she can stay for a while, it really hurts me if within 30 days she has to leave, it so fast.

Thanks for sharing, you are a relief!!

the step daughter is not eligible for a K4 or CR-2 admission to the USA. To do so you would have had to use the K-2 visa (the under 18 rule does not apply to K-2s) or you would have had to be married before the daughters 18th birthday. She is not eligible and the K3/K4 was a terrible choice for you given the plans you had. This is why it is very important to read and understand ALL the details of a visa before choosing one. Had you chosen the K1/K2 and been married in the USA, she would have a green card now.

You will not get win an appeal. When she is denied she will have 30 days to leave the country or they will start deportation proceedings which will damage her future ability to get any kind of visa.

Upon reading this answer that I cannot win an appeal & she has only 30 days to leave the country, it make me cry & cry, I cant help it, Im very sad last night I did not get sleep weeping. I dont know what to do. It's tearing me apart thinking that she has to leave me.

Anyways thanks again for your replies.

This is a fallow up question Gary or to anyone here, Given the worst case scenario that despite our appeal uscis still deny her, will they require her to go back to our country that fast? within 30 days? as you mentioned here. Is her visa null & void already? When the validity date is still on April 25/2011? Why do they allow & grant her EAD? Like her case, when she get her work permit it does not take her long time to get a job & definitely she need a car to bring herself back & forth. If she is deported, How can she fully pay the car loan amortization? Can she not just stay & leave on or before her visa expiration? Pls I need answer.

My option is, as an LPR mother I will petition her I-130 shes now 20yo+5mos+26days to be exact, Assuming she is approve by that time she is already over 21. Is CSPA applicable for her?

the step daughter is not eligible for a K4 or CR-2 admission to the USA. To do so you would have had to use the K-2 visa (the under 18 rule does not apply to K-2s) or you would have had to be married before the daughters 18th birthday. She is not eligible and the K3/K4 was a terrible choice for you given the plans you had. This is why it is very important to read and understand ALL the details of a visa before choosing one. Had you chosen the K1/K2 and been married in the USA, she would have a green card now.

You will not get win an appeal. When she is denied she will have 30 days to leave the country or they will start deportation proceedings which will damage her future ability to get any kind of visa.

Gary thank you vm for your comment, I appreciate it. Realities are sad but we have to accept it no matter what is it. Had I known before I would rather choose fiancee visa & marry here in the USA, Its just that We are not aware of this things. Its just in the later part of my petition processing that I came accross with VJ. I learned a lot from here even if its too late. You VJ people are more than a Lawyer to me, this is why whenever I have something to ask I just post it here, You are great people.

I am Marlo P. LPR mother of the petitioned child Faith G. Last April 6,2010 my daughter had an interview with her I-130 & AOS in the Local USCIS office in New orleans. We were there with my USC husband the petitioner of my daughter, the interview turns out well & the woman representative that interviewed her told us categorically that she is APPROVE, after that we feel so relieved expecting her greencard will fallow soon.

Little did we know that its a reverse thing, recently we recieved a letter from them saying " Notice of intent to deny petition for alien relative. We are shocked & emotionally devastated about this. I dont want my daughter to be away from me, she is my dependent, my youngest daughter, my baby which I still have to protect her specially so that she is a girl. She has nowhere to go in the Philippines, my house were rented since we were here in the US, her siblings have different lives now living independently in onother province, some working abroad.

Anyway here is the details of the cis letter:

Address to: M. Parker (the petitioner)

Faith G. was born on Nov. 2,1989, therefore Faith reached the age of 18 on Nov 2, 2007. You presented a marriage cert. showing that you were legally married to Marlo G., the benificiary's mother, on Jan 22,2008.

Faith was not under the age of 18 at the time of your marriage to her mother & therefore does not qualify as your stepchild under section 204,8 cfr.

The benificiary does not appear to be eligible for the classification under this section. The petitioner is affordedly given 30 days from the date of this notice (April 16/2010) to submit additional information, evidence or arguments to support the petition. If no response is recieve within the time allowed, or if the response does not overcome the reason for denial stated above, your application will be denied.

At this point in time we are so sad, we cant sleep over this problem, we dont know what to do now. We cannot submit anymore evidence since the facts are true, nothing to rebut or give arguments.

An appeal for a humane consideration to grant approval for her I-130 & AOS is what were going to do for time is running we are given 30 days only to submit our response from the date Apr 16, 2010, but my fellow Vjer's I am asking your ADVICE or suggestions that can touch the hearts of this USCIS people or could change thier decision.

If in case she be denied I dont know if deportation proceedings will fallow or she can still stay until her visa expire on or before April 25/2011. For now Faith is working in & was awarded as "Employee of the Month"(march). she's now 20 yo. she is my derivative K4 visa.

Im hoping for the best. Thank you for reading this. More Power. I need your response ASAP.

Thank You guys for your congratulatory message. Good luck to all of us vjers.

My K4 daughter's interview for her AOS+i-130 was a great success yesterday, she got approved despite her age issue "that she turn 18 yo already before me & my USC husband got married". I thank God.

mamalou

Hello Vjers'

Been a while i have not posted a topic, but i want you you to know that I dont really missed a day without reading anything here, Visajourney is already a part of my life. I want to tell everyone that my K4 daughter AOS+I-130 interview will be on April 6/2010. I hope everything will be fine & will have positive result. Lets us pray for her approval my fellow vjers. You are all an inspiration since I started here. Goodluck to all of us.

mamalouparker

Hey folks, in just a couple of days i will be going to the Visa Interview with my family. We are in the F3 category. Do we have to take the Affidavit of Support Documents to the Visa Interview which was submitted by the petitioner to the NVC.

Hey just curious here, as F3 how many yrs did you wait until you got approved?

I am working now as caregiver to the ailling father of my kind & nice employer, lately i was thinking how to bring my daughter here in the USA, i did ask my employer if he could possibly help sponsor my daughter & without further question he told me that he is willing to help me in any which way he can. My daughter is R.Nurse n Philippines but not yet taken NCLEX exam. My question is, WHAT KIND OF VISA WOULD MY EMPLOYER WILL APPLY FOR HER? I have a strong feeling that an H2b visa would be ideal? Pls vjers give me your smart opinion i need it asap. I dont know yet what to file, my employer is just waiting for me to feed him the information. I dont think i will hire a lawyer as it is so expensive to get one.

mamalou

Life is complicated... hayyysss, if after all we've done, our efforts & everything she can't adjust status, well we just have to bear with them, fallow the uscis decision. Cant do anything bout it.

Yah you are right she turn 18 before our marriage its like 2 1/2 mos. But OMG!!! I dont know what to do now, If she cannot adjust status its a waste of money time & effort. God have mercy! i dont wanna let her away from me. I hope all is well after we can submit her RFE response. But God is good.

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

When you say your income to date is xxx, do you mean that is what you've earnt in 2009 so far or the total amount you are expected to earn in any given year? I was under the impression that you can join household income for the I-864 and they look at your projected earnings if you haven't got tax transcripts that show a qualifying amount. Could someone with personal experience of filing an I-864 please confirm this?

You would use letters from employers confirming your employment and recent payslips to calculate an average if your pay is variable (because you work inconsistent hours per week) or to calculate your annual pay if it's a set amount every pay check.

For example, you earn $200 a week, paid every 2 weeks and you submit 4 payslips that show the same amount. They would calculate that your gross earnings are $100 per week and multiply this by 52 to get your projected annual income of $5,200

or

you earnt $150 payslip 1, £200 payslip 2, £250 payslip 3 and $300 payslip 4: they calculate you earnt $900 over an 8 week period, which is $112.50 per week. multiplied by 52 means your projected annual income is $5850.

As I mentioned my gross income based on my last paycheck is $4,+++ same with my daughter. We got jobs after we get our EAD last Aug. I get paychecks every other week which is more or less $600 for 75 hrs.

My question s can we combine our income in I-864A? Is this the right thing to do?

Pls I need good advise.

If your gross income for three months (assuming you started in Sept) is $4000, your annual income is about $16,000. THAT is what should be reported to the USCIS, not $4000.

Thank you very much guys for sharing your knowledge. I LOVE YOU ALL.

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

When you say your income to date is xxx, do you mean that is what you've earnt in 2009 so far or the total amount you are expected to earn in any given year? I was under the impression that you can join household income for the I-864 and they look at your projected earnings if you haven't got tax transcripts that show a qualifying amount. Could someone with personal experience of filing an I-864 please confirm this?

You would use letters from employers confirming your employment and recent payslips to calculate an average if your pay is variable (because you work inconsistent hours per week) or to calculate your annual pay if it's a set amount every pay check.

For example, you earn $200 a week, paid every 2 weeks and you submit 4 payslips that show the same amount. They would calculate that your gross earnings are $100 per week and multiply this by 52 to get your projected annual income of $5,200

or

you earnt $150 payslip 1, £200 payslip 2, £250 payslip 3 and $300 payslip 4: they calculate you earnt $900 over an 8 week period, which is $112.50 per week. multiplied by 52 means your projected annual income is $5850.

As I mentioned my gross income based on my last paycheck is $4,+++ same with my daughter. We got jobs after we get our EAD last Aug. I get paychecks every other week which is more or less $600 for 75 hrs.

My question s can we combine our income in I-864A? Is this the right thing to do?

Pls I need good advise.

Last month my USC husband filed AOS for my 20 yr old daughter, Just recently she got 2 RFE's. One of it, is for the vaccination which is not really a problem because we can work it out here anyday & the other thing, is the Affidavit of Support which is very complicated, I understand that my husband doest meet the current Federal 125% Income Requirement. The RFe dated Nov 19,2009 which gave us 87 days to submit it, so it'll be Feb 14 deadline . Getting a relative & friends as joint sponsor is bothersome & quite not possible, They are so reluctant, so better not. Looking at the uscis website about I-864P the income requirement for 3 is 20,+++. The 3 of us are living in the same house. My husband does not own property except 2 cars & we dont have enough bank account because we spend a lot like purchasing for a new car & etc. Me (new LPR) & daughter (AOS applicant)had just start working almost the same time last Aug'09. My husband's income to this date is 15,000 mine is 4,000 & daughter is same gross income before tax. So if we count our income altogether seems like we already meet the requirement. My question is, Can we join together our income to meet the income requirement using I864A? I plan to submit this RFE comes January or before the deadline so we can have more income . Can we ask W2 & IRS this Jan?

Please HELP ME VJ people, I need your advise. I trust You more SMART VJ'ERS than USCIS reps.

Quick question how old is your daugther? my husband filed a petition too for my daughter. She's turning 9 this 12Nov. Is she need to do her biometrics too?

thanks.

shes already 20 last nov 2,2009. just wait for the uscis letter, they will inform you.

Hello fellow members,

Pls. can anyone help me how to call USCIS? Been trying to call the 1-800-375-5283 number but everytime i entered the 3 letters on the I-797E notice ..it wont let me and will say i entered the wrong digit. If i entered just the 10 digit numbers without the 1st 3 letters,,still it won't let me go through my call.

Pls. is there any other number where I can call USCIS?

Thanks for your advice.

1-800-375-5283.....ringgg....press 1......7......3......4 live person

Last Nov 7 my daughter recieved NOA1 for her AOS+I-130 & we are relieved now. Thanks to V'jers who gave more reliable advices than those of USCIS reps misinformation service. Next step is her biometrics.

It means they accepted your application. It says nothing about whether they will accept or deny it, it just means that the correct forms and payment was enclosed.

Now they will review the paperwork and case, and make a decision. The next step is that they will send you a receipt (with your case number on it) and also a biometrics appointment notice.

Ohh thanks for nice response Somehow I'm relieve.

Last week I resend my daughter's AOS + I-130 filed by my usc husband. Today we check our bank balance & we found out they encashed already, so does it mean that they will process the application? Its a god news for us if they will.

Glad to hear any opinion.

Kinda worried now, the USCIS sent back my daughter's AOS application & it took 20 days. The rejection notice says they need the I-130+ the fee. The fallowing day I call the USCIS, the lady rep says that my USC husband cannot file for her 1-130 for she is over 18 yo already when our marriage took place. She then advised me as LPR I can now petition her but she has to leave the country before her K4 visa expires, But my husband decided to just resend it concurrent 1-130+1-485 which we did it today, because uscis rep has different advises. Before we send her AOS I call them 4 times & 3 of them advise us to just file I-485 only,.. after all they just reject it. If they accept it well and good, if not We dont have choice except to fallow the law, have to let her go back to the Philippines & wait till she gets approve, but will take more or less 4 yrs. It's just a shame she got good job here & just recently purchased a new car on her own finances & planned to continue her college degree soon on next school yr.

Can you Vjer's pls share your opinion if we made the right thing? I need guidance. I want my daughter here with me as much as possible. I'm mixed up & worried.

this mamalou

Kinda worried now, the USCIS sent back my daughter's AOS application & it took 20 days. The rejection notice says they need the I-130+ the fee. The fallowing day I call the USCIS, the lady rep says that my USC husband cannot file for her 1-130 for she is over 18 yo already when our marriage took place. She then advised me as LPR I can now petition her but she has to leave the country before her K4 visa expires, But my husband decided to just resend it concurrent 1-130+1-485 which we did it today, because uscis rep has different advises. Before we send her AOS I call them 4 times & 3 of them advise us to just file I-485 only,.. after all they just reject it. If they accept it well and good, if not We dont have choice except to fallow the law, have to let her go back to the Philippines & wait till she gets approve, but will take more or less 4 yrs. It's just a shame she got good job here & just recently purchased a new car on her own finances & planned to continue her college degree soon on next school yr.

Can you Vjer's pls share your opinion if we made the right thing? I need guidance. I want my daughter here with me as much as possible. I mixed up & worried.

this mamalou