step daughter now 21 yrs old

[cooper 0]

My wifes daughter was 19 when they both came to the US. She received green card same time as my wife, but was 20 yrs old. She is now 21 yrs old . Can I file the I-751 to include our daughter, or do I need to file a another I-751 for her since she is now 21?

[cooper 0]

Update...she was 18 when they arrived in the US..19 when received green card

[JJBBKK 0]

Update...she was 18 when they arrived in the US..19 when received green card

I am assuming that you would need to include her with your application, i found the following in one of my immigration law books "include any conditional resident children applying with you in order to have their conditional basis removed, or they may file separately. Please remember to provide their A-number" and also the following "If you are a child filing separately from your parents to remove the conditions on your permanent residence, you must submit the following:A written explanation of why you are filing separately from your parents, and any supporting documentation." as you can see, they are requesting a written explanation as to why the child is removing conditions separately from the parents, so my safe assumption would be that the child (regardless of age) needs to be included with your petition as they had obtained their GC as the beneficiary of you original application. The experts here can correct me if im wrong!

[payxibka 10,047]

A child is a child...

If your child obtain status based on your marriage to a United States citizen and the marriage occurred less than two years before admission or adjustment to permanent residence, your child will also be conditional residents. If your child acquire their legal status at the same time or within 90 days of you, they can be included on your I-751 petition or waiver. Children who enter the U.S. or adjust status more than 90 days after the conditional resident parent must file their own form I-751.

Edited November 4, 2008 by payxibka

[JJBBKK 0]

A child is a child...

If your child obtain status based on your marriage to a United States citizen and the marriage occurred less than two years before admission or adjustment to permanent residence, your child will also be conditional residents. If your child acquire their legal status at the same time or within 90 days of you, they can be included on your I-751 petition or waiver. Children who enter the U.S. or adjust status more than 90 days after the conditional resident parent must file their own form I-751.

good one payxibka, i did not know that! if u dont mind me asking, where did u find that info??

[payxibka 10,047]

USCIS

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[cooper 0]

Thanks for the responses. I am including her on the I-751 with my wife. I thought that the age didnt matter but wanted to make sure.

Thanks again to all.

[JJBBKK 0]

USCIS

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks for the link!

[pj1959us 0]

Sorry, didn't see this until now but just wanted to mention that in our case, age did matter. Chris (the K-2) was over 21 when David (the K-1) filed his I-751 also. We included Chris on David's I-751 but it was rejected and returned with a note that "since Chris is over 21 he is no longer considered a child and must therefore file his own I-751 (even though they both received their green cards the same day). He was 19 when they arrived and adjusted originally when he was 20.

Please let me know if yours processes with your child; I know of at least one other on this forum a while back whose I-751s were processed together but we were not so lucky. Hope yours works out alright.

PJ

[cooper 0]

Thanks for that last post....I thought I had read here somewhere that a few had been rejected due to child now being 21 or older. I sent in my packet yesterday Nov 5 overnight delivery. I'll let you know what happens.

[cooper 0]

New update. I received a NOA today from the VSC. It says nothing about the daughter being 21 now and connot be included. It states they she cannot be included because according to section 216.4 of CFR8 she cannot be included because she didnt receive her conditional green card on the same date or within 90 days of her mother. Both went to the interview for the conditional card at the same time.

The daughters card was issued 12/20/06 and mothers card 12/26/06, are they telling me that because the daughters card was issued before my wifes that this is why she canot be included?

Her card was issued first and not on the same day or within 90 days of her mothers?

What should I do now?

[sjoefl01 1]

Looks like we are in the same boat here Cooper. I have been fighting this since June. We still don't have anything saying that my stepdaughter is legal in America. So far we have sent the package to them 4 times.

You may as well go ahead and get your Senator involved. You will need to sign some papers to give them permission to poke around in your case. If you get any info please pass it on to us. We are just too far to do the infopass thing. Supposedly they are making this mistake a lot lately. My wife and daughter have consecutive cards issued on the same day. They have just screwed up and it is very difficult to get it fixed.

New update. I received a NOA today from the VSC. It says nothing about the daughter being 21 now and connot be included. It states they she cannot be included because according to section 216.4 of CFR8 she cannot be included because she didnt receive her conditional green card on the same date or within 90 days of her mother. Both went to the interview for the conditional card at the same time.

The daughters card was issued 12/20/06 and mothers card 12/26/06, are they telling me that because the daughters card was issued before my wifes that this is why she canot be included?

Her card was issued first and not on the same day or within 90 days of her mothers?

What should I do now?

[cooper 0]

For my step-daughters card..it is obvious a typo was made on the issue date. I looked through my files and found the original letter given to both my wife and step-daughter on the day we went to Louisville for the interview to obtain the conditional cards. Both letters state that on this day 26th December 2006 you are now LPR in the US. Both cards arrived in the mail on the same day. They are consecutive numbers but the issue date on our my step-daughters card is 12/20/06 not the same as my wife 12/26/06. Obvious typo since the letters clearly state as of 12/26/06. I will call USCIS on monday and hopefully get this taken care of. There should be no reason to get a senator involved or go for infopass. I hope that I can resubmitt the same package along with copies of the letter issued on 12/26/06.

Do you have copies of the original letter issued when you went for the interview?

[sjoefl01 1]

Be sure to let us know how that phone call goes for you. I tried that and was told that under no conditions could 2 people get 2 green cards on one I751 with 1 fee. They don't care what the CFR says. They don't care what the instructions say. It aint gonna happen.

[cooper 0]

I'll let you know Monday afternoon.