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ayomide1

CITIZEN FILED I130 FOR DAUGHTER...DAUGHTER HERE ON VISITING VISA

By ayomide1 in Bringing Family Members of US Citizens to America

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ayomide1   5

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Filed: IR-1/CR-1 Visa Country: Nigeria
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This is for a friend who asked me a question about how to go about his daughter petition...

He filed for his daughter over 25 three years ago and the I 130 was just approved and petition was forwarded to NVC......

The daughter visa is expired and she was to remain here and finish the I 130 process.

Is this possible....

I am not sure but I think I read somewhere that alien have valid non-immigrant status is waived for immediate relatives of US citizens ..

What are the options left his daughter and what is the next step....

Constructive ideas is needed........As I said, its not me......So spare me the attacks... lol

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

This is for a friend who asked me a question about how to go about his daughter petition...

He filed for his daughter over 25 three years ago and the I 130 was just approved and petition was forwarded to NVC......

The daughter visa is expired and she was to remain here and finish the I 130 process.

Is this possible....

I am not sure but I think I read somewhere that alien have valid non-immigrant status is waived for immediate relatives of US citizens ..

What are the options left his daughter and what is the next step....

Constructive ideas is needed........As I said, its not me......So spare me the attacks... lol

If she's 25 years old and he filed the I-130 three years ago then she's not in an immediate relative category. Presuming she's not married, she's in the F1 family preference category. She can't adjust status unless she's maintained her non-immigrant status. Overstay is only overlooked for immediate relative categories.

If she hasn't overstayed by 180 days yet then she needs to hightail it out of the US before she does or she'll incur a 3 year ban. She's going to have to return to her home country and go through the immigrant visa process. I don't know what country she's from, but if he filed three years ago then she's probably got another four years to wait before her priority date will be current.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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