JimYan

shw was 16, she is ok as far as the age cutoff.

How old was she when you married her mother.

she was 16 when we married. She is ok as far as the age cutoff goes.

shw was 16, she is ok as far as the age cutoff.

How old was she when you married her mother.

Hello Everyone,

My wife and I have submitted our I-864 and should have news very soon. My step-daughter is here on an F-1 as a freshman here in a USA University. Luckily, I did not submit an I-130 for my step-daughter, since she is here on an F-1 and double applying can cause trouble. Moving forward, from my research I understand that my step-daughter can adjust here status form F-1 to Immigrant status from here within the US.

I have a few questions.

-Does my wife need to be approved first, prior to filing the paperwork for my daughter?

-Do we file the I-485 for my step-daughter?

-Is this a situation where an attorney is necessary and/or advantageous ?

-Is there anything I am not asking?

As always I am most thankful for the expertise and sharing that this site provides.

Many Thanks,

Another Humble Traveller,

JimYan

You are 100% correct confusion is quite easy with this "changed process", I had no idea, and as soon as I fully understand all the changes and implications, it would be good for all that follow to have a place to go.

I will file ASAP! SHe is 17 at the time of our marriage, she just turned 18 yesterday! Based on your comments, are we ok for me to go ahead with the CR-2/I-130 application per your suggestion?

More comments and advise are completely and totally appreciated. You are all fantastic!!!

I am humbled,

Yanzi, Mei Mei, and Jim

I can look for a definitive answer but yes, I would "prepare" the I-130 for the step daughter and wait for a definitive answer. These issues get complicated. The student visa application asks about the status and whereabouts of her family members and if it looks like she's using the F1 to circumvent immigration laws, her student may well be denied. One the other hand, if she needs a student visa to continue school, she won't be able to obtain one IN the USA and would abandon her status adjustment if she LEAVES the USA to obtain one. It's a unique situation. Give me a day or two and I'll let you know what I find.

In the meantime, you or your daughter can check with the school to see if she can remain in school if her F1 visa expires. It's just a data point for now, not a suggestion that she stay in school and let her visa expire.

Many thanks for your help. She is in school for the remainder of the year and her F-1 is valid through August of this year...I sincerely appreciate the help!!! This is a complicated situation and the timing is coincidental, I hope it is not more difficult as a result of the timing on our part!

I will look froward to your reply.

XieXie,

Yanzi, Mei Mei ,and Jim

PS: With her US F1 status, she can obtain a Canada visitor visa from the Canadian Consulate in Atlanta. Have a Chinese niece living with us who will do just that only through Seattle and Vancouver. All the Chinese students in our area do this unless they actually want to go home.

OK, this is sounding confusing....is there a way to find the definative answer?

I submitted the I-130 for my wife, thinking there was derivative privileges for my step-daughter, on January 21,2011. Now I find out I have to file another I-130 for my step-daughter...should I go ahead and file the I-485 with the I-130 for my step-daughter? The F-1 in Canada is an option also, but if she has the option to go home she may choose to go home, as she has been home sick lately...my wife is really missing her baby!

This seems like a complicated question/answer. I use this board as a way to avoid the additional attorney charges...but this may be folly in this instance....your opinions are always valued and appreciated.

Yanzi, Mei Mei, and Jim

Yes Indeed!

I cannot thank you enough, you have really saved my you know what! I was happily going along the road to nowhere....my wife is anxious from being alone in China already, had I not found out the truth, I would have been in the eternal dog house about Mei Mei. You really have saved my family untold trouble!

I wish you and yours the very best! I hope I can return the favor in the near term! Best of luck to you both!

Yanzi, Mei Mei,and Jim

By applying for my wife with the I-130, am I actually filing for the IR-1/CR-1 visa? I need to read up on this as my prior assumptions are now unreliable and out-dated.

Being able to file the I-130 and I-485 concurrently fo rmy step-daughter gives her a good chance of not having to go back to Guangzhou and re-file for another F-1 prior to the fall 2011 semester. I guess I am assuming that the I-485 is processed concurrently and therefore faster than the I-130 done alone???? This seems somewhat confusing to me....do you know of any additional reading or sources for reference on this topic?

Also, I really appreciate your information!!!

I think it is best to be 100% clear prior to taking the nbext step, which needs to happen really fast!!!

Many Thanks,

Yanzi, Jim, and Mei Mei

PS: I am realdy for this process to end and our family to be back together again...I know we all share this difficult seperation timeframe...again my many humble thanks. My Best to All!

Thanks! I sincerely appreciate your help and advise.

Thanks for the prompt reply, so by filing the I-130 I am in process of getting the ????? I should not apply for the I-129F....

Any other suggestions? Also, thanks for the clarificaton of the F-1, yes she is only in the US on this temp visa...but it is nice to have her here and she is included in the I-130 filing so she will be part of the approval once it occurs....

Again, Many Thanks,

Yanzi and Jim

Hello All,

My wife and I are both professionals. She with her career in China and me with my career in the US. This was just fine as my work takes me to China quite frequently, until recently. My step-daughter has moved here with me, on an F-1 visa for her senior year of high school and this has prevented my travels to see my wife.

So we filed the I-130, and did not follow up with the I-129F. The reasons are that she will need to travel back and forth, just as I do, for her work and the AOS time frame in Atlanta is just a bit too slow for her to be able to manage her work from afar for so long of a time. Another interesting point is that we are currently being process at CSC and their time lines shows the I-130 and I-129F taking the same 5 month period to process. Is there additional processing after NOA2 for the I-130 that takes even longer than the I-129F?

So my question is, do I gain any significant time reductions by going ahead with the I-129F application? I am sure you all know how lonely it is without your spouse (now 5 months for me!)by your side, and my step-daughter is really missing my wife!

Please any suggestions, comments or alternative routes that could be taken???

Many Thanks!!!

Yanzi and Jim