Need help for 20 year old Chinese daughter denied

[pushbrk 12,883]

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.

For a K2, yes because they adjust without an approved I-130. For a K4, an approved I-130 is required to adjust status and that's not going to happen due to the step-parent relationship being established after the 18th birthday. Read the I-130 instructions and then the I-485 instructions again. This ain't my first rodeo on this subject.

I already told the OP the right path would have been K1/K2 but alas, it's too late for that option.

Edited February 28, 2010 by pushbrk

[Boiler 45,499]

If she is looking to immigrate through her mother, then she will be nearly 30 before that happens.

[g371728g 0]

I notice to on the I-797C that was sent to me that two of them are approvals for the I-129F for my wife now what do I do? I-130 approved and I-129F too. Now I am really confused. I really need help now. Thank everyone for your help.

[Boiler 45,499]

I notice to on the I-797C that was sent to me that two of them are approvals for the I-129F for my wife now what do I do? I-130 approved and I-129F too. Now I am really confused. I really need help now. Thank everyone for your help.

Not sure what you mean by do. It seems that you have done everything for your wife to immigrate.

[Darnell 8,478]

I notice to on the I-797C that was sent to me that two of them are approvals for the I-129F for my wife now what do I do? I-130 approved and I-129F too. Now I am really confused. I really need help now. Thank everyone for your help.

re-read all in this post. twice.

[g371728g 0]

I looked at the case number as you suggested on the I-130 and it reads, Case number I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE (e), OR ORPHAN. Notice Type: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA. If anyone can help us I will send you any info you need, I am desperate now. Thanks again.

[Boiler 45,499]

What are you wanting to do. Have you read the replies above?

[Darnell 8,478]

I looked at the case number as you suggested on the I-130 and it reads, Case number I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE (e), OR ORPHAN. Notice Type: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA. If anyone can help us I will send you any info you need, I am desperate now. Thanks again.

ok - so re-reading all of the replies in this topic didn't work for you. got it.

re-read all of __MY__ replies, then, in this topic.

use a piece o paper and pen, taking note of 'action items'.

when yer finished reading, finished making list of 'action items'.

do it again.

IMO, should be about 30 minutes of reading and writing.

if I seem callous or insensitive, well, it's because I am ...

[raymaga 25]

I think the Student Visa is going to be your only hope to get your step-daughter here, but it won't be at the same time as your wife most likely.

It's too bad you didn't know that the K-2 would have worked out for you.

Good luck to you and your family.

[g371728g 0]

I also looked at the case type on the I-129F and it reads, Case Type I129F PETITION FOR FIANCE (e). Notice Type: Approval Notice Valid from 02-16-2010 to 06-15-2010. If anyone can help us I will send you any info you need, I am a very trusting sole. I am desperate now. I also hope this sheds some more light on our situation. Thanks again.

I looked at the case type as you suggested on the I-130 and it reads, Case type I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE (e), OR ORPHAN. Notice Type: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA. If anyone can help us I will send you any info you need, I am desperate now. Thanks again.

[Boiler 45,499]

I also looked at the case type on the I-129F and it reads, Case Type I129F PETITION FOR FIANCE (e). Notice Type: Approval Notice Valid from 02-16-2010 to 06-15-2010. If anyone can help us I will send you any info you need, I am a very trusting sole. I am desperate now. I also hope this sheds some more light on our situation. Thanks again.

I looked at the case type as you suggested on the I-130 and it reads, Case type I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE (e), OR ORPHAN. Notice Type: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA. If anyone can help us I will send you any info you need, I am desperate now. Thanks again.

READ THE REPLIES

[pushbrk 12,883]

I also looked at the case type on the I-129F and it reads, Case Type I129F PETITION FOR FIANCE (e). Notice Type: Approval Notice Valid from 02-16-2010 to 06-15-2010. If anyone can help us I will send you any info you need, I am a very trusting sole. I am desperate now. I also hope this sheds some more light on our situation. Thanks again.

I looked at the case type as you suggested on the I-130 and it reads, Case type I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE (e), OR ORPHAN. Notice Type: Approval Notice Section: Husband or wife of U.S. Citizen, 201 (b) INA. If anyone can help us I will send you any info you need, I am desperate now. Thanks again.

Unfortunately, you've received two kinds of conflicting information in answer to your question. First, the correct answer for what to do, is in conflict with what you want to hear. Second, the answer that you follow the I-129F petition is in conflict with reality, with regard to the daughter staying in the USA more than a very few months.

Your mistake was not checking this out thoroughly before deciding to marry. Had you taken the fiancee visa route, the daughter could have received a K2 visa, come to the USA and adjusted status to permanent resident. Because you married and took the spouse visa route, the daughter's remaining practical route to US immigration is through the student visa process.

[pushbrk 12,883]

ok - so re-reading all of the replies in this topic didn't work for you. got it.

re-read all of __MY__ replies, then, in this topic.

use a piece o paper and pen, taking note of 'action items'.

when yer finished reading, finished making list of 'action items'.

do it again.

IMO, should be about 30 minutes of reading and writing.

if I seem callous or insensitive, well, it's because I am ...

Truly with the utmost respect, Darnell, you've failed to do your reading assignments and are attempting to lead the OP down a dead end.

From the I-130 instructions, section 8.

Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.

From the I-485 instructions, section 2a, the K4 applicant must check box a (not c like the K2 applicant) which states that an petition giving her an immediate immigrant visa number has been approved.

Since a K4 recipient who was over 18 at the time of the parent's marriage doesn't qualify as a stepchild for I-130 filing, they cannot meet the qualification for I-485 section 2a.

If the OP can get NVC to send the I-129F to the Consulate, then a K4 visa can be obtained but both the visa and any subsequent I-94 upon entry will expire on the 21st birthday. With no path to adjust status, the K4 results in a few months visiting time.

The 20 year old's fastes path to US (eventual) US immigration is through the F1 student visa.

This difference between the K2 and K4 options is, IMO, a gross inequity in the law. Nevertheless, it IS the law.

Edited February 28, 2010 by pushbrk

[Darnell 8,478]

alrighty Push - yer right, I'm wrong.

[g371728g 0]

Hi, thank you, for all of you who helped me to understanding my daughter’s faith of I-130 denial? I have read and studied and took notes till my eyes hurt, that is all I have done since her denial. I will not give up until it becomes a reality. I am not a quitter and I will not give up on my daughter. I guess I will have to do what ever it takes for us to be a happy family together. I did read till I understand everything that was given to me from all of you on this forum. Thank you for your help. I will call Marc Ellis and let him confirm what all of you told me and go from there. I will also yet all of you good people know what he told me. You were also right I was hoping someone could tell me exactly what I wanted to here that did not happen. So again my family and I thank you from the bottom of our hearts. I hope all of the couples who are thinking of getting married and especially the ones with children beyond the age of 18 will read this forum and read all my plea for help and not have to deal with the tragedy and pain of having a daughter denied on an I-130 to come to the States with her mothers. I realize where I messed up and there is no sense in crying over spilt milk. What is done is done and we will just have to make the best out of our situation. We are survives of this life. Thank you. Gary.