Filed I-751 Today in the mail.

[peejay 327]

We finally came to a decision on how to file for my stepdaughter since she is now 21 years old. Upon further research I found the following news article that stated the following:

The noncitizen's children can be included on their parent's I-751 petition if they immigrated at the same time or within 90 days of their CR parent. They are considered to have acquired CR status on the same date as their parent. They can be included in their parent's I-751 petition even if they have turned 21 and no longer fit the definition of "child" under the INA.

http://www.newsindia-times.com/nit/2006/03...tion-index.html

So I made another appointment with yet another immigration attorney to get his opinion on the above quote. This attorney has 25 years experience and is board certified by the state of Texas in immigration and nationality law. The first immigration attorney we consulted was not board certified.

This time I took my stepdaughter and let her decide how to file. The 2nd attorney related that he had never in his 25 years of practice had a situation of a 21 year old that could possibly be able to file jointly with their parent. However, he advised us to file jointly. He further stated that as long as we filed in good faith that we should not be penalized for this decision to file jointly. And my stepdaughter concurred with this decision.

We will see what happens next. I put the joint I-751 in the mail today. The deed is done for better or worst.

[raymaga 25]

Congrats on getting the paperwork out and good luck for a speedy approval for both of you.

[diadromous mermaid 36]

We finally came to a decision on how to file for my stepdaughter since she is now 21 years old. Upon further research I found the following news article that stated the following:

The noncitizen's children can be included on their parent's I-751 petition if they immigrated at the same time or within 90 days of their CR parent. They are considered to have acquired CR status on the same date as their parent. They can be included in their parent's I-751 petition even if they have turned 21 and no longer fit the definition of "child" under the INA.

http://www.newsindia-times.com/nit/2006/03...tion-index.html

So I made another appointment with yet another immigration attorney to get his opinion on the above quote. This attorney has 25 years experience and is board certified by the state of Texas in immigration and nationality law. The first immigration attorney we consulted was not board certified.

This time I took my stepdaughter and let her decide how to file. The 2nd attorney related that he had never in his 25 years of practice had a situation of a 21 year old that could possibly be able to file jointly with their parent. However, he advised us to file jointly. He further stated that as long as we filed in good faith that we should not be penalized for this decision to file jointly. And my stepdaughter concurred with this decision.

We will see what happens next. I put the joint I-751 in the mail today. The deed is done for better or worst.

As I've said, all along, I think the only issues that prelude including a 21 yr old on the I751 is the death of the principal beneficairy or the 90 day issue. Putting her on her mother's I-751, is what I would've done.

[pj1959us 0]

We're several months behind you in submitting the I-751s but in the same position with the previous K-2 now 21 years old (will be 22 by then). I've been battling this issue in my head back and forth until it aches.

Please keep us updated on your progress and hope it works out for you!

[Aussielad 37]

congratulations P.J. hope you get a fast approval.

[MaryandMian 1]

Congratulations and wishing you a speedy processing.