Need help for 20 year old Chinese daughter denied

[g371728g 0]

Hi I am Gary, I am very new at this so please try to understand and help me if possible. This is my first to use this form. It has been very useful reading in this immigration process for my wife and daughter. I am desperate now and need help.

First let me induce myself my name is Gary. I am a US Citizen living in Florida in the United States. I married a wonderful Chinese woman who I love very much on 09-09-2009 who also has a very sweet 20 year old daughter her birthday is 11-02-1989. On 11-06-2009 I filled an I-130 for my wife & daughter and on 11-30-2009 I filled an I-129 for both wife and daughter, I also filled G-325 for both them. I received the I-797C 0n 12-08-2009 for both wife & daughter. I received the second I-179C approved 0n 02-22-2010. I received information to apply for wife’s K-3 visa and an AOS forms. Today I received a notice from the California Service Center that my wife’s/my step daughter’s I-130 Petition was DENIED because: The petition I-130 was filed after our daughters 18th birthday. I also receive an EOIR-29 appeal notice. I know you already know what my question is. What can I do to be able to bring my daughter with her mom to the States together? PLEASE this is my family that i love very much. I need all the help I can get now. Any information I can receive would be greatly appreciated by me and my new family. I see this as just a little bump in the road, with the all of the knowledge that is on this forum I know there is a solution to my problem with your help. Thank you and God bless all. Gary

[Darnell 8,478]

The Wife's petition was not denied, right ?

At this stage, I'd recommend paying for 2 hours of time with Marc Ellis .

Google his name, find his website, and go forth. You may have some hope through Marc, but that 18-year-old rule is hardfast - Marc can tell you if is possible to 'overcome it'.

IMO, the 'crappy-doodle' aspect of all of this - is that IF you dinna get married, and instead filed a K-1, you might have had better chance of getting the daughter in country (K-1 age out at age 21, I-130 at age 18 ).

Edited February 28, 2010 by Darnell

[aleful 1,905]

your not elegible to file for the daughter,

just like the denial says, you'd have to have been married to her mother before her 18th birthday, that's one of the requirements to file as a stepparent.

once her mom becomes a resident and comes to the US, she can file for her daughter once she has her GC. it will take many years of waitng.

[g371728g 0]

The Wife's petition was not denied, right ?

At this stage, I'd recommend paying for 2 hours of time with Marc Ellis .

Google his name, find his website, and go forth. You may have some hope through Marc, but that 18-year-old rule is hardfast - Marc can tell you if is possible to 'overcome it'.

IMO, the 'crappy-doodle' aspect of all of this - is that IF you dinna get married, and instead filed a K-1, you might have had better chance of getting the daughter in country (K-1 age out at age 21, I-130 at age 18 ).

No my wife was approved, received I-797 on 02-16-2010. There was a beneficiary Axxx xxx xxx on the notice of action I-797. our 20 year old daughter was denied, receiver the notice today with an appeal form EOIR-29

[Darnell 8,478]

ok - this is 'administrivia' for you -

but -

pull out the first 797-C - that 'notice of action' receipt notice on both of them, for:

1. the I-130

2. the K-3

then cross-reference the case number with the

wife's approval notice - if it was the I-130 -

you've got some work to do, for NVC Processing -

see http://www.visajourney.com/wiki/index.php/...onic_Processing

if it was the K-3 itself -

call NVC, get the GUZ casefile number - then start calling DOS in 2 weeks, asking for status.

----

Regardless, still - contact Marc Ellis - if nothing else, he'll give you a 'sanity check' about the age-out issue.

[g371728g 0]

ok - this is 'administrivia' for you -

but -

pull out the first 797-C - that 'notice of action' receipt notice on both of them, for:

1. the I-130

2. the K-3

then cross-reference the case number with the

wife's approval notice - if it was the I-130 -

you've got some work to do, for NVC Processing -

see http://www.visajourney.com/wiki/index.php/...onic_Processing

if it was the K-3 itself -

call NVC, get the GUZ casefile number - then start calling DOS in 2 weeks, asking for status.

----

Regardless, still - contact Marc Ellis - if nothing else, he'll give you a 'sanity check' about the age-out issue.

Thank you i almost feel better already. I have four I-797, notice of action for my wife and one I-797 for our daughter states that USCIS received your application or petition

[g371728g 0]

ok - this is 'administrivia' for you -

but -

pull out the first 797-C - that 'notice of action' receipt notice on both of them, for:

1. the I-130

2. the K-3

then cross-reference the case number with the

wife's approval notice - if it was the I-130 -

you've got some work to do, for NVC Processing -

see http://www.visajourney.com/wiki/index.php/...onic_Processing

if it was the K-3 itself -

call NVC, get the GUZ casefile number - then start calling DOS in 2 weeks, asking for status.

----

Regardless, still - contact Marc Ellis - if nothing else, he'll give you a 'sanity check' about the age-out issue.

I received the Notice of action today stating that the I-130 petition for alien relative filed for daughter was denied.

[g371728g 0]

ok - this is 'administrivia' for you -

but -

pull out the first 797-C - that 'notice of action' receipt notice on both of them, for:

1. the I-130

2. the K-3

then cross-reference the case number with the

wife's approval notice - if it was the I-130 -

you've got some work to do, for NVC Processing -

see http://www.visajourney.com/wiki/index.php/...onic_Processing

if it was the K-3 itself -

call NVC, get the GUZ casefile number - then start calling DOS in 2 weeks, asking for status.

----

Regardless, still - contact Marc Ellis - if nothing else, he'll give you a 'sanity check' about the age-out issue.

[/quote

Should i have receiced any info about the I-129f i Submitted after i received the first I-797C back?

[g371728g 0]

Should I have receiced any info about the I-129f I Submitted a couple weeks after i received the first I-797C back?

Thank you I almost feel better already.

[pushbrk 12,898]

Hi I am Gary, I am very new at this so please try to understand and help me if possible. This is my first to use this form. It has been very useful reading in this immigration process for my wife and daughter. I am desperate now and need help.

First let me induce myself my name is Gary. I am a US Citizen living in Florida in the United States. I married a wonderful Chinese woman who I love very much on 09-09-2009 who also has a very sweet 20 year old daughter her birthday is 11-02-1989. On 11-06-2009 I filled an I-130 for my wife & daughter and on 11-30-2009 I filled an I-129 for both wife and daughter, I also filled G-325 for both them. I received the I-797C 0n 12-08-2009 for both wife & daughter. I received the second I-179C approved 0n 02-22-2010. I received information to apply for wife’s K-3 visa and an AOS forms. Today I received a notice from the California Service Center that my wife’s/my step daughter’s I-130 Petition was DENIED because: The petition I-130 was filed after our daughters 18th birthday. I also receive an EOIR-29 appeal notice. I know you already know what my question is. What can I do to be able to bring my daughter with her mom to the States together? PLEASE this is my family that i love very much. I need all the help I can get now. Any information I can receive would be greatly appreciated by me and my new family. I see this as just a little bump in the road, with the all of the knowledge that is on this forum I know there is a solution to my problem with your help. Thank you and God bless all. Gary

Unfortunately, you failed to carefully read the instructions for the I-130. To get an I-130 approved for a step-child, the marriage, (not the filing) must occur prior to the child's 18th birthday. A K4 visa may still be available if you can complete the K3/4 process but the daughter's visa must be issued prior to age 21 and will only allow her to stay in the USA until her 21st birthday. She cannot adjust status to permanent resident from the K4 because to do so requires an approved I-130. You already know that's not doable.

Hindsight is 20/20 of course but the proper course of action for you would have been to delay the marriage and take the K1/K2 visa route which would have allowed them both to immigrate.

No attorney can help you get an I-130 approved for a step-child who was already 18 on the marriage date. The I-130 instructions are all you need to confirm that. Save yourself big bucks and consider THIS your reality check. Actually, I'm sure Mr. Ellis will tell you the same thing for free if you can reach him. I doubt he'd charge a fee when there's nothing he can do to help.

Edited February 28, 2010 by pushbrk

[g371728g 0]

I really appreciate this info. Please tell me exactly what is my course of action now to bring my daughter to the states with her mother. Now that I see where I messed up. Any info would greatly be appreciate by my beautiful wife, daughter and me. Thank you for your time. Gary

[Anh map 2,098]

Your daughter cannot accompany her mom on a immigrant visa. Once your wife gets here / has a green card she can petition for her daughter. The wait will be some years until a visa will be available for her.

This USCIS Guide may give you some more info >> http://www.uscis.gov/USCIS/New%20Structure...Guides/B1en.pdf

[Darnell 8,478]

Should I have receiced any info about the I-129f I Submitted a couple weeks after i received the first I-797C back?

Thank you I almost feel better already.

CHECK the NOA-2 notices on yer wife -

yer specifically looking for the K-3 casenumber on an APPROVAL notice, for the wife's K-3.

IF YOU HAVE THAT (you said you had 4 797-Cs for the wife, and 1 on the daughter)

then I THINK you have an approved K-3 petition.

as of 1 FEB, 2010, though -

approved K-3s are getting tossed at NVC, administratively closed, and the approved I-130 is processed at NVC.

Before 1 FEB, though, a K-3 would have gone through - ie - stay at NVC a few days to weeks, then get bundled off to Guangzhou.

I have a small hope, ie - less than 1 percent - that MAYBE this K-3 will not get tossed at NVC.

I also think, that if you are pro-active, and can talk to NVC person - you have SMALL chance (but still worth the attempt)

of that K-3 being sent on to GUZ.

NOW - if the K-3 is sent on (IE - not administratively closed at NVC) -

then you will have opportunity for a K-4 to be set up for Guangzhou (there's some forms to fill out, to be sent to the Consulate, yer wife and daughter will each have a set).

I received the second I-179C approved 0n 02-22-2010. I received information to apply for wife’s K-3 visa and an AOS forms.

Because of THAT ONE STATEMENT, I think you have a chance, albeit a SMALL ONE, of that K-3 visa being sent on.

You'll need to call NVC asap, get a human, (give the USCIS casenumber for the wife's K-3, some other data, and this human will give you the NVC/GUZ casenumber on the wife's K-3) then ask for a 'Visa Specialist' (the 1st tier humans do not have much power ) and start up a conversation about having the K-3 on yer wife sent ON to GUZ. (That's the Embassy 'call sign' for Guangzhou, btw) .

(Most of the above is conjecture, my conjecture, my opinion.. I could be DEAD WRONG, but IMO, this is worth a shot.. Disclaimer - I am not a lawyer, nor do I play one on TV)

Good Luck !

Edited February 28, 2010 by Darnell

[pushbrk 12,898]

CHECK the NOA-2 notices on yer wife -

yer specifically looking for the K-3 casenumber on an APPROVAL notice, for the wife's K-3.

IF YOU HAVE THAT (you said you had 4 797-Cs for the wife, and 1 on the daughter)

then I THINK you have an approved K-3 petition.

as of 1 FEB, 2010, though -

approved K-3s are getting tossed at NVC, administratively closed, and the approved I-130 is processed at NVC.

Before 1 FEB, though, a K-3 would have gone through - ie - stay at NVC a few days to weeks, then get bundled off to Guangzhou.

I have a small hope, ie - less than 1 percent - that MAYBE this K-3 will not get tossed at NVC.

I also think, that if you are pro-active, and can talk to NVC person - you have SMALL chance (but still worth the attempt)

of that K-3 being sent on to GUZ.

NOW - if the K-3 is sent on (IE - not administratively closed at NVC) -

then you will have opportunity for a K-4 to be set up for Guangzhou (there's some forms to fill out, to be sent to the Consulate, yer wife and daughter will each have a set).

I received the second I-179C approved 0n 02-22-2010. I received information to apply for wife’s K-3 visa and an AOS forms.

Because of THAT ONE STATEMENT, I think you have a chance, albeit a SMALL ONE, of that K-3 visa being sent on.

You'll need to call NVC asap, get a human, (give the USCIS casenumber for the wife's K-3, some other data, and this human will give you the NVC/GUZ casenumber on the wife's K-3) then ask for a 'Visa Specialist' (the 1st tier humans do not have much power ) and start up a conversation about having the K-3 on yer wife sent ON to GUZ. (That's the Embassy 'call sign' for Guangzhou, btw) .

(Most of the above is conjecture, my conjecture, my opinion.. I could be DEAD WRONG, but IMO, this is worth a shot.. Disclaimer - I am not a lawyer, nor do I play one on TV)

Good Luck !

All the above is correct, including the small chance of getting NVC to process the I-129F. The problem is that the daughter's stay in the USA would end the day before she turns 21, with no chance to adjust status. It would amount to a short visit.

The best course of action is probably to have the daughter apply to a college in the USA and then go the F1 student visa route. Sometimes people get married during their college years, which would open the AOS route if she eventually married a USC.

[Darnell 8,478]

push - na - no - non !

there is even a chance for a superfast AOS as well - using the magic words 'Expedite - Potential Age Out' everywhere on the I-485.

It's happened, and happened WITH these 20 yr olds from China , in 2009. Swear to God - those were the Magic Words.

4 week turn-around on the child, on 2 cases - then 6 week turn around with 3 other cases.

USCIS DOES TAKE ACTION when they see The Magic Words.