K4 daughter Done with I-485 interview, .. but I-130 seems denied

[mamalou 0]

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.

[Gary and Alla 3,694]

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.

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.

[mamalou 0]

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.

[mamalou 0]

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?

[belinda63 3,031]

As soon as the AOS is denied the EAD becomes not valid since it was issued based upon the AOS. As to the visitor's visa I have no answer for that.

[belinda63 3,031]

Sorry I see she came as a K-4 probably she will have to leave within the 30 days as she no longer has a right to remain here, her AOS having been denied.

As to the car loan, I am sure she had a co-signer. They would become responsible for the loan.

I do not think the CSPA will apply in her case as she will have to wait for a visa number to become available. Anyway the current wait times are 4 years for a child under 21 and 12 years for unmarried children over 21.

Good luck.

[payxibka 10,045]

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.

the step daughter is not eligible for a K4 or CR-2 admission to the USA.

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

[LIFE'SJOURNEY 970]

As soon as the AOS is denied the EAD becomes not valid since it was issued based upon the AOS.

As to the visitor's visa I have no answer for that.

If your daughter is still employed, then she would be working illegally, since her EAD is no longer valid. When you apply for her again, this may cause her some problems. I would suggest that your daughter leave her employment, to avoid futher issues down the line. Also, this could cause problems for her employer if she is still employed and her EAD is invalid.

Edited April 27, 2010 by LIFE'SJOURNEY

[sachinky 465]

Wow, I'm sorry this happened to you. Must suck.

Of course, hindsight is 20/20 but unfortunately, this is why it is important to do complete research on all your options before embarking on your visa journey, especially when kids are involved.

Can she still remain on her K-4 and keep visiting the U.S. assuming that the K-4 is multiple entry like the K-3?

Or has the denied AOS attempt effectively killed it?

[payxibka 10,045]

Wow, I'm sorry this happened to you. Must suck.

Of course, hindsight is 20/20 but unfortunately, this is why it is important to do complete research on all your options before embarking on your visa journey, especially when kids are involved.

Can she still remain on her K-4 and keep visiting the U.S. assuming that the K-4 is multiple entry like the K-3?

Or has the denied AOS attempt effectively killed it?

If you have current status, your status remains until it is adjusted or expires.

[mamalou 0]

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.

[mamalou 0]

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!!

[mamalou 0]

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.

[Dakine 26]

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.

Just a thought!

Can't the stepfather adopt the child?

I adopted my K4 anak right after she arrived here and she got her US citizenship shortly after?

[Lia792 5]

Here's a relevant thread explaining the situation:

http://www.visajourney.com/forums/topic/140226-k4-question/

You could also look into a student visa as suggested in the thread; I don't know how hard it would be to get.