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HELP! UNIQUE SITUATION

By Jaxson in K-3 Spouse Visa Process & Procedures

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Jaxson Explorer

Jaxson   0

Posted
Filed: IR-1/CR-1 Visa Country: Aruba
 Timeline
Posted

Hello VJ friends, I am new to the forum and I have been reading posts over the past couple of weeks and I love it here. This is my situation, I am recently married and I field the I-130 for my wife, after 2 weeks I got the NOA1 and then I filed the I-129F. The problem is that my wife's son who is under 21 is here in the United States and I would like to sponsor him as well. I do not know how he go here, but his status is not legit. She lives in Aruba, and I am not sure what to do. Is it possible for him to be on the application if he is here? would he have to leave the country and then re-enter? I need help and advice.

Thanks.

sent I-130 11-18-2009

NOA1 11-24-2009

touched 03-03-2010 (recv'd text)

NOA2 03-02-2010

NVC

case number assigned 03-05-2010

emailed DS3032 03-06-2010

gave email addresses to operator 03-08-2010

recv'd/paid AOS invoice 03-09-2010

emailed (again) DS3032 03-09-2010

recv'd/paid IV invoice 03-10-2010

both payments in process (so far, so good)

AOS shows paid/printed cover sheet 03-12-2010 (will be heading to fedex 1st thing tomorrow)

IV shows paid/printed cover sheet (now waiting for PCC's from spouse)

mailed AOS pkg via Fedex 03-13-2010

pkg delivered 03-15-2010 signed by J. Desmond

NVC verified AOS pkg under review 03-18-2010

still waiting on PCC's from spouse..........

DS-230 pkg delivered 03-24-2010, signed by K. St Laurent

confirmed AOS pkg accepted 03-26-2010 now the wait for the DS-230

AVR confirms receipt of DS-230 pkg 03-29-2010

waiting for CC...............

Sign in Failed 04-06-2010 YESSSSSSSSSSSSSS!!!!!!!!!!!!!!!

AVR confirmed case completed as of 04-06-2010 whew!

CONSULATE

interview 05-12-2010 7:45a.m.

APPROVED!!!!

visa issued 05-12-2010 yes!!!!

POE Aruba 05-15-2010

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
Hello VJ friends, I am new to the forum and I have been reading posts over the past couple of weeks and I love it here. This is my situation, I am recently married and I field the I-130 for my wife, after 2 weeks I got the NOA1 and then I filed the I-129F. The problem is that my wife's son who is under 21 is here in the United States and I would like to sponsor him as well. I do not know how he go here, but his status is not legit. She lives in Aruba, and I am not sure what to do. Is it possible for him to be on the application if he is here? would he have to leave the country and then re-enter? I need help and advice.

Thanks.

How old was the child when the step parent relationship was created? In other words, how old was he when you married his mother?

FWIW, if he entered without inspection (EWI) there is no way to legalize his status from inside the USA regardless of the answer to the question above...

Edited by payxibka

YMMV

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Jaxson Explorer

Jaxson   0

Posted
Filed: IR-1/CR-1 Visa Country: Aruba
 Timeline
  • Author
Posted
Hello VJ friends, I am new to the forum and I have been reading posts over the past couple of weeks and I love it here. This is my situation, I am recently married and I field the I-130 for my wife, after 2 weeks I got the NOA1 and then I filed the I-129F. The problem is that my wife's son who is under 21 is here in the United States and I would like to sponsor him as well. I do not know how he go here, but his status is not legit. She lives in Aruba, and I am not sure what to do. Is it possible for him to be on the application if he is here? would he have to leave the country and then re-enter? I need help and advice.

Thanks.

How old was the child when the step parent relationship was created? In other words, how old was he when you married his mother?

FWIW, if he entered without inspection (EWI) there is no way to legalize his status from inside the USA regardless of the answer to the question above...

the child is 18

sent I-130 11-18-2009

NOA1 11-24-2009

touched 03-03-2010 (recv'd text)

NOA2 03-02-2010

NVC

case number assigned 03-05-2010

emailed DS3032 03-06-2010

gave email addresses to operator 03-08-2010

recv'd/paid AOS invoice 03-09-2010

emailed (again) DS3032 03-09-2010

recv'd/paid IV invoice 03-10-2010

both payments in process (so far, so good)

AOS shows paid/printed cover sheet 03-12-2010 (will be heading to fedex 1st thing tomorrow)

IV shows paid/printed cover sheet (now waiting for PCC's from spouse)

mailed AOS pkg via Fedex 03-13-2010

pkg delivered 03-15-2010 signed by J. Desmond

NVC verified AOS pkg under review 03-18-2010

still waiting on PCC's from spouse..........

DS-230 pkg delivered 03-24-2010, signed by K. St Laurent

confirmed AOS pkg accepted 03-26-2010 now the wait for the DS-230

AVR confirms receipt of DS-230 pkg 03-29-2010

waiting for CC...............

Sign in Failed 04-06-2010 YESSSSSSSSSSSSSS!!!!!!!!!!!!!!!

AVR confirmed case completed as of 04-06-2010 whew!

CONSULATE

interview 05-12-2010 7:45a.m.

APPROVED!!!!

visa issued 05-12-2010 yes!!!!

POE Aruba 05-15-2010

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Hello VJ friends, I am new to the forum and I have been reading posts over the past couple of weeks and I love it here. This is my situation, I am recently married and I field the I-130 for my wife, after 2 weeks I got the NOA1 and then I filed the I-129F. The problem is that my wife's son who is under 21 is here in the United States and I would like to sponsor him as well. I do not know how he go here, but his status is not legit. She lives in Aruba, and I am not sure what to do. Is it possible for him to be on the application if he is here? would he have to leave the country and then re-enter? I need help and advice.

Thanks.

How old was the child when the step parent relationship was created? In other words, how old was he when you married his mother?

FWIW, if he entered without inspection (EWI) there is no way to legalize his status from inside the USA regardless of the answer to the question above...

the child is 18

He is 18 now but how old WAS he when you married her? 18 as well?

YMMV

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Jaxson Explorer

Jaxson   0

Posted
Filed: IR-1/CR-1 Visa Country: Aruba
 Timeline
  • Author
Posted
Hello VJ friends, I am new to the forum and I have been reading posts over the past couple of weeks and I love it here. This is my situation, I am recently married and I field the I-130 for my wife, after 2 weeks I got the NOA1 and then I filed the I-129F. The problem is that my wife's son who is under 21 is here in the United States and I would like to sponsor him as well. I do not know how he go here, but his status is not legit. She lives in Aruba, and I am not sure what to do. Is it possible for him to be on the application if he is here? would he have to leave the country and then re-enter? I need help and advice.

Thanks.

How old was the child when the step parent relationship was created? In other words, how old was he when you married his mother?

FWIW, if he entered without inspection (EWI) there is no way to legalize his status from inside the USA regardless of the answer to the question above...

the child is 18

He is 18 now but how old WAS he when you married her? 18 as well?

he was 18 when we got marrried

sent I-130 11-18-2009

NOA1 11-24-2009

touched 03-03-2010 (recv'd text)

NOA2 03-02-2010

NVC

case number assigned 03-05-2010

emailed DS3032 03-06-2010

gave email addresses to operator 03-08-2010

recv'd/paid AOS invoice 03-09-2010

emailed (again) DS3032 03-09-2010

recv'd/paid IV invoice 03-10-2010

both payments in process (so far, so good)

AOS shows paid/printed cover sheet 03-12-2010 (will be heading to fedex 1st thing tomorrow)

IV shows paid/printed cover sheet (now waiting for PCC's from spouse)

mailed AOS pkg via Fedex 03-13-2010

pkg delivered 03-15-2010 signed by J. Desmond

NVC verified AOS pkg under review 03-18-2010

still waiting on PCC's from spouse..........

DS-230 pkg delivered 03-24-2010, signed by K. St Laurent

confirmed AOS pkg accepted 03-26-2010 now the wait for the DS-230

AVR confirms receipt of DS-230 pkg 03-29-2010

waiting for CC...............

Sign in Failed 04-06-2010 YESSSSSSSSSSSSSS!!!!!!!!!!!!!!!

AVR confirmed case completed as of 04-06-2010 whew!

CONSULATE

interview 05-12-2010 7:45a.m.

APPROVED!!!!

visa issued 05-12-2010 yes!!!!

POE Aruba 05-15-2010

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
Hello VJ friends, I am new to the forum and I have been reading posts over the past couple of weeks and I love it here. This is my situation, I am recently married and I field the I-130 for my wife, after 2 weeks I got the NOA1 and then I filed the I-129F. The problem is that my wife's son who is under 21 is here in the United States and I would like to sponsor him as well. I do not know how he go here, but his status is not legit. She lives in Aruba, and I am not sure what to do. Is it possible for him to be on the application if he is here? would he have to leave the country and then re-enter? I need help and advice.

Thanks.

How old was the child when the step parent relationship was created? In other words, how old was he when you married his mother?

FWIW, if he entered without inspection (EWI) there is no way to legalize his status from inside the USA regardless of the answer to the question above...

the child is 18

He is 18 now but how old WAS he when you married her? 18 as well?

he was 18 when we got marrried

Nothing you can do presently to help him... the stepchild relationship needed to have been created before his 18th birthday.... You wife will need to do it when she becomes eligible to file a petition for him..

You need to determine how he arrived or what his current status is.... that will determine what needs to be done to "legalize" him, if it even can be

Edited by payxibka

YMMV

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Jaxson Explorer

Jaxson   0

Posted
Filed: IR-1/CR-1 Visa Country: Aruba
 Timeline
  • Author
Posted

uh-oh. I thought a child under 21 can accompany their parent

sent I-130 11-18-2009

NOA1 11-24-2009

touched 03-03-2010 (recv'd text)

NOA2 03-02-2010

NVC

case number assigned 03-05-2010

emailed DS3032 03-06-2010

gave email addresses to operator 03-08-2010

recv'd/paid AOS invoice 03-09-2010

emailed (again) DS3032 03-09-2010

recv'd/paid IV invoice 03-10-2010

both payments in process (so far, so good)

AOS shows paid/printed cover sheet 03-12-2010 (will be heading to fedex 1st thing tomorrow)

IV shows paid/printed cover sheet (now waiting for PCC's from spouse)

mailed AOS pkg via Fedex 03-13-2010

pkg delivered 03-15-2010 signed by J. Desmond

NVC verified AOS pkg under review 03-18-2010

still waiting on PCC's from spouse..........

DS-230 pkg delivered 03-24-2010, signed by K. St Laurent

confirmed AOS pkg accepted 03-26-2010 now the wait for the DS-230

AVR confirms receipt of DS-230 pkg 03-29-2010

waiting for CC...............

Sign in Failed 04-06-2010 YESSSSSSSSSSSSSS!!!!!!!!!!!!!!!

AVR confirmed case completed as of 04-06-2010 whew!

CONSULATE

interview 05-12-2010 7:45a.m.

APPROVED!!!!

visa issued 05-12-2010 yes!!!!

POE Aruba 05-15-2010

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
uh-oh. I thought a child under 21 can accompany their parent

yes, but in order to adjust status to resident from K-4 requires an I-130 petition.... unfortunately you are not eligible to petition....

in this situation a K-1/2 might have been a better route... but that is water over the dam now since you are married..

Edited by payxibka

YMMV

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  • 3 weeks later...
sachinky Mentor

sachinky   464

Posted
Filed: Lift. Cond. (apr) Country: India
 Timeline
Posted

What is that child's current status? How did he enter the U.S.?

In your case, I would contact an attorney.

A K-1/K-2 would have been more suitable for your situation.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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