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silviake

AOS for me and my daughter

By silviake in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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silviake Contributor

silviake   0

Posted
Filed: AOS (pnd) Country: Belgium
 Timeline
Posted

Hi you all ,

Im new on this site . so let me introduce myself .

My name is Silvia , 27, and my daughter is 8 ( she's adorable ! ) . I got married to my husband (US-citizen ) in may of this year . I came back with my daughter to the US in july from Belgium . We entered the country under the visa waiver program . And when we were here decided to stay here .

We are now ready to file for AOS . And we have everything done but then read and heard that I should file a seperate I-130 and I-485 for my daughter aswell . Is this correct ???

If so should we put a seperate G-325 and I-864 in m daughters package aswell ?

And What should we answer in question A1 ( who my husband is filig for ) on my daughters I-130 ? Because it is not legally his child .

Im sorry for all these questions but the more I read about this on the USCIS site the more confused I get !

Thank you ,

Silvia

07/06/2007 -AOS-EAD mailed

07/08/2007 -AOS-EAD received in chicago ( DAY 1)

07/16/2007 - NOA1 received I-485 + EAD + I-130( DAY 8)

07/18/2007 - Biometrics received Scheduled 08/08/2007 ( DAY 10)

07/30/2007 - Both I-130 + EAD touched ( DAY 22)

08/08/2007 - Biometrics taken me + my daughter ( DAY 31)

08/08/2007 - Both I-485 + EAD touched ( DAY 31)

08/16/2007 - Touched I-765 ( DAY 39)

09/13/2007 - EAD card ordered ! ( DAY 67)

09/24/2007 - EAD card received ! ( DAY 78)

09/29/2007 - got Interview letters in the mail ,interview NOV 20 ( DAY 83)

1.png

aW1hZ2UucGhwPzYmU2luY2UrQU9TK2Fycml2ZWQrYXQrVVNDSVMmMDAwMDAwJjAwMDAwMCYxMiYxMCZjJjAmOCY3JjIwMDcmOSY1MiY1NTU4NjkwMDExODc3MTQ2NTkuJw==.gif

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
Hi you all ,

Im new on this site . so let me introduce myself .

My name is Silvia , 27, and my daughter is 8 ( she's adorable ! ) . I got married to my husband (US-citizen ) in may of this year . I came back with my daughter to the US in july from Belgium . We entered the country under the visa waiver program . And when we were here decided to stay here .

We are now ready to file for AOS . And we have everything done but then read and heard that I should file a seperate I-130 and I-485 for my daughter aswell . Is this correct ???

If so should we put a seperate G-325 and I-864 in m daughters package aswell ?

And What should we answer in question A1 ( who my husband is filig for ) on my daughters I-130 ? Because it is not legally his child .

Im sorry for all these questions but the more I read about this on the USCIS site the more confused I get !

Thank you ,

Silvia

Have you consulted with an immigration attorney regarding the circumstances of your immigration? You may experience alot of difficulty trying to adjust status and proving that you did not have immigration intent when you entered using the VWP. Do you have approval from your daughter's father for her to immigrate?

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Peter Miami Experienced

Peter Miami   0

Posted
Filed: AOS (apr) Country: Colombia
 Timeline
Posted

Hi Silvia, (F)

I do not know too much about your type of case and hopefully other VJ members will know more. But I agree with “John and Marlene”, I would see an Immigration Attorney. :yes:

Good luck,

Peter Miami

Johanna & Peter

Colombia / U.S.A.

I-129F / K-1 Fiancee Visa

08-20-02 - Met Johanna in Armenia, Colombia

10-05-05 - K-1 Sent to TSC

10-14-05 - Received NOA1 by E-Mail (Day 9)

12-22-05 - Reveived NOA2 By E-Mail & Mail (Day 78)

03-03-06 - Interview Date! (Day 149) Approved

03-10-06 - Johanna Arrived

05-27-06 - Married

I-485 / AOS (Did not applied for EAD or AP)

06-05-06 - Sent I-485 application to Chicago via USPS (Day 1)

06-06-06 - AOS Package Delivered at 12:29PM

06-12-06 - Received NOA1 by Mail

06-14-06 - Check Cashed

06-22-06 - Received Appointment Notice for Biometrics

06-26-06 - "Request for Additional Evidence" Online, waiting for letter

06-29-06 - Biometrics Done!

06-30-06 - Received RFE Letter by mail. (Missing Birth Certificate)

07-10-06 - Sent RFE by Express Mail USPS

07-11-06 - RFE Delivered @ 10:54AM Sign by D. Atwell

08-28-06 - AOS Transferred to CSC E-mail & USCIS Website (Day 85)

08-30-06 - Touched #1

08-31-06 - Touched #2

08-31-06 - E-Mail from CRIS & USCIS-CSSO - CSC received AOS Application

09-01-06 - Touched #3

09-01-06 - NOA by Mail Regarding Transfer to CSC

09-05-06 - Touched #4

09-07-06 - Touched #5

09-13-06 - Touched #6

09-15-06 - AOS Approved by Online Status & E-mail

09-21-06 - Received GC and Welcome Letter (Day 109)

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silviake Contributor

silviake   0

Posted
Filed: AOS (pnd) Country: Belgium
 Timeline
  • Author
Posted

my daughter has never been reconized by her father and he as never been in her life.

Legally he is not even his daughter . she has my family name .

I've read that even if I entered the US under the visa waiver program ( Belgium citizens do not need a visa to enter the US ) we still entered the US legally . And me and my husband ( military ) got married the second time that I came to visit him and I didnt plan on getting married just yet . But he proposed to me when I was here on the second visit . And got married a couple of days later in the presence of his mom and other family in front of a judge . Then a week later I went back home ( Belgium ) cause I had my job and daughter there . normally my husband was to come to Belgium in July , that way we could do the DCF procedure in the US-embassy in Brussels , but his superior officer did not grant him that because of inspections . So I came on anoter visit her in July with my daughter and while I was here we decided to file the I-130 . At this moment me and my daughter are still legally in the US . And she is going to school and all .

So what I understand on reading about this situation on USCIS site that this is not a problem to be filing the I-130 . Am I right ?

Cause now im scared again about beeing wrong and maybe be denied on the I-130.

Help please !

thanks ,

Silvia

07/06/2007 -AOS-EAD mailed

07/08/2007 -AOS-EAD received in chicago ( DAY 1)

07/16/2007 - NOA1 received I-485 + EAD + I-130( DAY 8)

07/18/2007 - Biometrics received Scheduled 08/08/2007 ( DAY 10)

07/30/2007 - Both I-130 + EAD touched ( DAY 22)

08/08/2007 - Biometrics taken me + my daughter ( DAY 31)

08/08/2007 - Both I-485 + EAD touched ( DAY 31)

08/16/2007 - Touched I-765 ( DAY 39)

09/13/2007 - EAD card ordered ! ( DAY 67)

09/24/2007 - EAD card received ! ( DAY 78)

09/29/2007 - got Interview letters in the mail ,interview NOV 20 ( DAY 83)

1.png

aW1hZ2UucGhwPzYmU2luY2UrQU9TK2Fycml2ZWQrYXQrVVNDSVMmMDAwMDAwJjAwMDAwMCYxMiYxMCZjJjAmOCY3JjIwMDcmOSY1MiY1NTU4NjkwMDExODc3MTQ2NTkuJw==.gif

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

Silvia,

Yes, your husband must submit an I-130 petition for your daughter and she must submit her own I-485. Reading the instructions for the forms will answer your questions about G-325A and I-864.

As defined by both Webster and the INA (the 2nd one being the important one) your daughter is your husband's stepdaughter, thus his child.

Yodrak

Hi you all ,

Im new on this site . so let me introduce myself .

My name is Silvia , 27, and my daughter is 8 ( she's adorable ! ) . I got married to my husband (US-citizen ) in may of this year . I came back with my daughter to the US in july from Belgium . We entered the country under the visa waiver program . And when we were here decided to stay here .

We are now ready to file for AOS . And we have everything done but then read and heard that I should file a seperate I-130 and I-485 for my daughter aswell . Is this correct ???

If so should we put a seperate G-325 and I-864 in m daughters package aswell ?

And What should we answer in question A1 ( who my husband is filig for ) on my daughters I-130 ? Because it is not legally his child .

Im sorry for all these questions but the more I read about this on the USCIS site the more confused I get !

Thank you ,

Silvia

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Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

Silvia,

Your situation, as you describe it, seems to fit with the requirements of the law. The cause for concern is that the USCIS must believe that your situation meets the requirements of the law, and how you present the facts of your case can be as important as the facts themselves in convincing the people at USCIS.

I support john_and_marlene's suggestion to consult with an immigration attorney who has had experience with adjustment from the VWP. While some people are good at presenting a case, others are not. Attornies are well trained in how to present facts, and what facts to present or not present, so as to achieve the desired result. A person trying to adjust from the VWP does not want to risk an initial rejection by the USCIS.

Yodrak

my daughter has never been reconized by her father and he as never been in her life.

Legally he is not even his daughter . she has my family name .

I've read that even if I entered the US under the visa waiver program ( Belgium citizens do not need a visa to enter the US ) we still entered the US legally . And me and my husband ( military ) got married the second time that I came to visit him and I didnt plan on getting married just yet . But he proposed to me when I was here on the second visit . And got married a couple of days later in the presence of his mom and other family in front of a judge . Then a week later I went back home ( Belgium ) cause I had my job and daughter there . normally my husband was to come to Belgium in July , that way we could do the DCF procedure in the US-embassy in Brussels , but his superior officer did not grant him that because of inspections . So I came on anoter visit her in July with my daughter and while I was here we decided to file the I-130 . At this moment me and my daughter are still legally in the US . And she is going to school and all .

So what I understand on reading about this situation on USCIS site that this is not a problem to be filing the I-130 . Am I right ?

Cause now im scared again about beeing wrong and maybe be denied on the I-130.

Help please !

thanks ,

Silvia

Edited by Yodrak
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