Form I-130

[jim&huiyun 0]

I hope someone can guide us with our issue. My wife and her 9 year old daughter arrived in the U.S. on August 29, 2008. My wife (fiancee at the time) was a K-1 Visa Holder and her daughter a K-2 Visa Holder. My wife and I were married on November 15, 2008 and we immediately filed for A.O.S. for both her and her 9 year old daughter (december 2008). My wifes second daughter, who is currently 20 years old, voiced an interest in coming to the U.S. and we began the immigration process for her shortly after January 1, 2009. She arrived in the U.S. on March 10, 2009 as a K-2 Visa Holder. As soon as she arrived we filed the appropriate A.O.S. paperwork. We received a I-797 form showing her paperwork and check had been received. However, about 2 weeks afterward, we received a letter from USCIS saying she would also need to file a I-130. I was a bit surprised by this, because everything i had read made no mention of a K-2 visa holder needing to file a I-130 in addition to her other A.O.S. paperwork. She will turn 21 on September 5, 2009, so we are a bit concerned about her possible "age out" even before she receives her interview.

I would appreciate anyones feedback and guidance regarding our situation. Thank you all for your help! By the way, my wife and 9 year old daughter received their green cards on May 1 .

[Bobby+Umit 161]

Perhaps they are requesting that since you daughter was over 18 when you became married?

[jim&huiyun 0]

I hope someone can guide us with our issue. My wife and her 9 year old daughter arrived in the U.S. on August 29, 2008. My wife (fiancee at the time) was a K-1 Visa Holder and her daughter a K-2 Visa Holder. My wife and I were married on November 15, 2008 and we immediately filed for A.O.S. for both her and her 9 year old daughter (december 2008). My wifes second daughter, who is currently 20 years old, voiced an interest in coming to the U.S. and we began the immigration process for her shortly after January 1, 2009. She arrived in the U.S. on March 10, 2009 as a K-2 Visa Holder. As soon as she arrived we filed the appropriate A.O.S. paperwork. We received a I-797 form showing her paperwork and check had been received. However, about 2 weeks afterward, we received a letter from USCIS saying she would also need to file a I-130. I was a bit surprised by this, because everything i had read made no mention of a K-2 visa holder needing to file a I-130 in addition to her other A.O.S. paperwork. She will turn 21 on September 5, 2009, so we are a bit concerned about her possible "age out" even before she receives her interview.

I would appreciate anyones feedback and guidance regarding our situation. Thank you all for your help! By the way, my wife and 9 year old daughter received their green cards on May 1 .

Yes, possibly this is true. I am not sure. My big concern is that she will not have her interview before her 21st birthday and thus not eligible for permanent residence. Do you or anyone else have experiences in this type situation?

[mamalou 0]

I hope someone can guide us with our issue. My wife and her 9 year old daughter arrived in the U.S. on August 29, 2008. My wife (fiancee at the time) was a K-1 Visa Holder and her daughter a K-2 Visa Holder. My wife and I were married on November 15, 2008 and we immediately filed for A.O.S. for both her and her 9 year old daughter (december 2008). My wifes second daughter, who is currently 20 years old, voiced an interest in coming to the U.S. and we began the immigration process for her shortly after January 1, 2009. She arrived in the U.S. on March 10, 2009 as a K-2 Visa Holder. As soon as she arrived we filed the appropriate A.O.S. paperwork. We received a I-797 form showing her paperwork and check had been received. However, about 2 weeks afterward, we received a letter from USCIS saying she would also need to file a I-130. I was a bit surprised by this, because everything i had read made no mention of a K-2 visa holder needing to file a I-130 in addition to her other A.O.S. paperwork. She will turn 21 on September 5, 2009, so we are a bit concerned about her possible "age out" even before she receives her interview.

I would appreciate anyones feedback and guidance regarding our situation. Thank you all for your help! By the way, my wife and 9 year old daughter received their green cards on May 1 .

Hello jim... it seems like we have similar situation, my daughter is a K4 & here with me now in the US, I have not decided yet if i have to apply for her an AOS because she was already 18 yo before Me & my USC husband get married last Jan 2008, her bday was Nov. 2007 & shes now 19 yo. there are some advices me that I cannot apply anymore for her becos of the age thing, they say that before she turn 21 she should go back to Phils.

At this point in time I am still unsure about this, but I'd like to apply for her AOS if possible.

Pls Keep me posted or update me about ur 20 yo stepdaughter. Thanks