K4 question

[Thai family 0]

Perhaps but how do you justify throwing out the long standing I-130 definition of step-child over solving the apparent inequity by closing the K2 loophole? I'm all for your solution but can't see it being the result of any court action.

You've just now become aware of the issue but it's been around quite some time.

Yes, I've just become aware. Nine months ago I knew nothing about immigration, nada, so I am a newbie. Definitely, as Annie said, there is a learning curve and a great need for people like yourself, who have studied these issues, and for competent family immigration attorneys. I don't want to give Annie false hope, but I don't want her to give up the fight either. One document I found from the AILA Liasion Committee in April requests expanded K-2s AOS rights under the Child Status Protection Act. The USCIS responded by saying they would consider their recommendations. http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf (See item 28 and Addendum VII). In the same spirit, a fight should be made for K-4s.

I value the privilege of having my daughter at home while she's attending college, as I know it won't last long, so have some empathy here. Children don't cease to be their parent's children at a magical age. The early twenties is a time when a lot of major life decisions are made, and young people benefit from continued relationship and guidance from their parents. Our country values independence excessively, and often to the detriment of our young people. Marriage seems to be a logical point where immediate immigration benefits become unavailable to dependents. This is all about keeping families together. I do realize the line has to be drawn somewhere when marriage to a non USC occurs, but there does need to be justice in the system. Just because something is the law of the land does not mean it is ethical or just.

For families,

Thai Mom

Edited July 25, 2008 by Thai family

[Whippy 0]

The loophole could be "fixed" by allowing a step-parent to file I-130 and file to adjust status for a child under 21 as long as the marriage takes place before the child's 21st BIRTHDAY instead of their 18th.

THIS is what causes so much confusion, broken hopes, and split up families. I am caught in the same situation as Annie was/is with her daughter with my step-son.

I'd ilke to propose a bill to change this somehow but this immigration stuff is taking the life out of me and I don't think I'd have time to properly research and write a bill.

I wish I had known about the ability to adjust status with the K2 before we got married...we would already all be living happily ever after in America by now

Edited August 14, 2008 by Whippy