Jump to content
Luiz&Isabela
 Share

12 posts in this topic

Recommended Posts

Luiz&Isabela Rookie

Luiz&Isabela   0

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
Posted

My wife's daughter had to go back to her country (against my will), after we enter my wifes and her status change paper work.

She is only 5 years old, will this tripe void her process or change anything? :blink:

I-129F Sent: 09/21/05

I-129F Approved: 09/30/05

NVC received: 10/04/05

NVC Left: 10/05/05

Consulate Received: 10/13/05

Packet 3 Received: 10/26/05

Packet 3 Sent: 10/21/05 (we sent the paper to the consulate even before we got the packet #3)

Packet 4 Received: 11/9/05

Interview date: 12/14/05

We finally got the visa approved

She received the passport with the visas: 12/16/05

She will be here February 6th/06

She applied for the SS# on 2/9/06

Married on 2/22/06

Applied for Status change and Advance Parole: 05/02/06

Link to comment
Share on other sites
Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

did you recieve the advanced parole yet??

was it just your step daughter that left or your wife too?

If you leave the country before AP is granted you are deemed to have abandoned your adjustment of status and would have to start from scratch....

Kezzie

Link to comment
Share on other sites
Luiz&Isabela Rookie

Luiz&Isabela   0

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted

Only my step daughter left the country, my wife is here with me and waiting for the AP.

Luiz

did you recieve the advanced parole yet??

was it just your step daughter that left or your wife too?

If you leave the country before AP is granted you are deemed to have abandoned your adjustment of status and would have to start from scratch....

Kezzie

I-129F Sent: 09/21/05

I-129F Approved: 09/30/05

NVC received: 10/04/05

NVC Left: 10/05/05

Consulate Received: 10/13/05

Packet 3 Received: 10/26/05

Packet 3 Sent: 10/21/05 (we sent the paper to the consulate even before we got the packet #3)

Packet 4 Received: 11/9/05

Interview date: 12/14/05

We finally got the visa approved

She received the passport with the visas: 12/16/05

She will be here February 6th/06

She applied for the SS# on 2/9/06

Married on 2/22/06

Applied for Status change and Advance Parole: 05/02/06

Link to comment
Share on other sites
Rocio Community Regular

Rocio   0

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted
she left alone????? I think you will need to speak to a immigration lawyer to find out what you should do.... I dont think your sept-daughter will be able to re-entry with out a visa or AP

Kezzie

maybe start over the process for the child......??

09-14-2010 Boston's biggest ceremony of naturalization, I'm a citizen now! :)

1.png

Link to comment
Share on other sites
Luiz&Isabela Rookie

Luiz&Isabela   0

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted

I think she will be able to return after her mother gets the green card, because she didn't have to be here from the beginning. Her mother is the one who is applaying for the green card, and she (the daughter) is getting the green card because of her mother.

I-129F Sent: 09/21/05

I-129F Approved: 09/30/05

NVC received: 10/04/05

NVC Left: 10/05/05

Consulate Received: 10/13/05

Packet 3 Received: 10/26/05

Packet 3 Sent: 10/21/05 (we sent the paper to the consulate even before we got the packet #3)

Packet 4 Received: 11/9/05

Interview date: 12/14/05

We finally got the visa approved

She received the passport with the visas: 12/16/05

She will be here February 6th/06

She applied for the SS# on 2/9/06

Married on 2/22/06

Applied for Status change and Advance Parole: 05/02/06

Link to comment
Share on other sites
Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

I don't have an answer for you but would hope you will share the solution once you find out and maybe even ask the VJ staff to pin it for future reference. Good luck :thumbs:

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Link to comment
Share on other sites
Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

Luiz&Isabela,

Are you saying that only your wife submitted an I-485 application to adjust status, the daughter did not? The child needs her own I-485, she will not get LPR status because her mother does.

Either way, the child's K2 visa was a 1-entry visa. She needs a new visa to come back to the USA. I don't know whether or not she can apply for a 2nd K2 visa, since she's within the timeframe for following to join, or if you need to file an I-130 petition for her as your stepdaughter so that she can apply for an immigrant visa.

How old is this child anyway, if she was able to fly back to her country on her own?

In any event, take Kezzie's advice to have a consultation with an immigration attorney.

Yodrak

I think she will be able to return after her mother gets the green card, because she didn't have to be here from the beginning. Her mother is the one who is applaying for the green card, and she (the daughter) is getting the green card because of her mother.
Link to comment
Share on other sites
Luiz&Isabela Rookie

Luiz&Isabela   0

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
  • Author
Posted

She is 5 years old, and she didn't go alone, I went back to Brazil with her. And we did enter an I-485 for her also.

Luiz

Luiz&Isabela,

Are you saying that only your wife submitted an I-485 application to adjust status, the daughter did not? The child needs her own I-485, she will not get LPR status because her mother does.

Either way, the child's K2 visa was a 1-entry visa. She needs a new visa to come back to the USA. I don't know whether or not she can apply for a 2nd K2 visa, since she's within the timeframe for following to join, or if you need to file an I-130 petition for her as your stepdaughter so that she can apply for an immigrant visa.

How old is this child anyway, if she was able to fly back to her country on her own?

In any event, take Kezzie's advice to have a consultation with an immigration attorney.

Yodrak

I think she will be able to return after her mother gets the green card, because she didn't have to be here from the beginning. Her mother is the one who is applaying for the green card, and she (the daughter) is getting the green card because of her mother.

I-129F Sent: 09/21/05

I-129F Approved: 09/30/05

NVC received: 10/04/05

NVC Left: 10/05/05

Consulate Received: 10/13/05

Packet 3 Received: 10/26/05

Packet 3 Sent: 10/21/05 (we sent the paper to the consulate even before we got the packet #3)

Packet 4 Received: 11/9/05

Interview date: 12/14/05

We finally got the visa approved

She received the passport with the visas: 12/16/05

She will be here February 6th/06

She applied for the SS# on 2/9/06

Married on 2/22/06

Applied for Status change and Advance Parole: 05/02/06

Link to comment
Share on other sites
Carol&Marc Proficient

Carol&Marc   0

Posted
Filed: Citizen (pnd) Country: Brazil
 Timeline
Posted (edited)
She is 5 years old, and she didn't go alone, I went back to Brazil with her. And we did enter an I-485 for her also.

Luiz

Luiz,

If she left before getting the AP, she will probably need to apply for a visa again... Now, that you are married, she will need an I-130 application for her... Maybe not... Maybe you can still apply for K-2, Im not sure...

The I-485 you filled out for her will be denied because she left the country without a permission.

Get an 1-hour consultation with an immigration attorney to see what is your options...

Good luck!

Carol :thumbs:

Edited by Carol&Marc

coracao.gif

CAROL & MARC

MY HONEY'S PROFILE

Remove Conditions

08-28-08 - Mailed I-751

08-30-08 - Delivered

09-01-08 - Touched

09-03-08 - Check cleared

09-06-08 - NOA1 in the mail (dated 08/29???)

10-09-08 - Biometrics (Touched)

12-16-08 - Email "Card production ordered"

12-24-08 - Santa came and brought my present (Greencard in the mail!)

kitazura.gifkpuppy1.gif

BICHON FRISE LOVER!!!

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...