Questions on status and adjustment of status of child of permanent resident

[Btranquilo 2]

VJ has been so incredibly helpful to me in answering my questions. Now I have another one.

My foreign spouse entered the US on a CR1 visa on September 3, 2015. She petitioned for her five year old daughter who is living in Nicaragua to receive a visa in late September, 2015 and she received the I-797 Approval of Action notice on February 1, 2016. She then received the "NVC Welcome Letter" that includes the NVC Case Number and Invoice ID Number on May 11, 2016. She has followed up on the NVC letter by choosing me, her spouse, as an agent. Today (May 27,2016) we received the letter of registration of me as her agent. In reviewing today's letter from NVC the following sentence caught my attention:

"If the applicant intends to adjust with USCIS, please contact the NVC before taking any further action or making any payments".

It occurs to me that we have been so focused on obtaining a visa for my spouses five year old daughter that I did not think about any process for adjustment of status, etc. My spouse and I realize that my spouse must apply for adjustment of status prior to 90 days of Sept 3, 2017 (the two year period after her entry into the US.). I don't know what the best way is for our daughter to obtain permanent residency.

So my questions are: What will the status of our daughter (her biological daughter, my stepdaughter) be once she has received her visa and entered the US?

and

What is the process by which she obtains permanent resident status?

It occurs to me that these may be very basic (and stupid) questions and I should already know the answers. However, I have found in life that it is good to ask these type of questions when I am unsure of a process or facts.

So, thanks in advance to someone for any information and answer to this.

William

[newacct 688]

There is some confusion here. "Adjustment of Status" is the process of getting permanent residency for someone already in the US. Your wife and stepdaughter are doing "Consular Processing", not Adjustment of Status. When they enter the US with their immigrant visa, they immediately become permanent residents. (Your wife became a permanent resident the moment she entered the US; your stepdaughter will become a permanent resident when she enters the US.)

Since your wife is a conditional permanent resident, she needs to apply for "Removal of Conditions" in the 90 day window before her 2 year conditional status ends. This is not Adjustment of Status.

Another thing I noticed is that you said your wife petitioned her daughter. That is probably a mistake and you should have petitioned your stepdaughter instead. When your wife petitions her, it will be in the F2A category which currently has a 1.5 year wait for visa numbers, meaning she has to wait that long after the petition filing before a visa can be issued. Since you guys married before your stepdaughter was 18, you can petition her just like your child. If you petition her, it will be in the Immediate Relative category, which has no wait for visa numbers, which means consular processing can start when immediately after the petition is approved.

[Btranquilo 2]

Thank you so much for the clarification and information on this. And thanks for pointing out that I am confusing adjustment of status with "Removal of Conditions."

What is the meaning of the "important note" in the NVC letter: "If the applicant intends to adjust with USCIS, please contact the NVC before taking any further action or making any payments". What does it mean to "...intends to adjust with USCIS..." and why is that note included in the agent registration letter? At this point I have no idea if "the applicant" (my stepdaughter) "intends to adjust with USCIS".

And thanks again for pointing out what may have been a mistake in my spouse being the petitioner for her daughter instead of me. Since my spouse received a I-797, Notice of Action, "Approval Notice" with a priority date of October 5, 2015 does the 1.5 year wait for a visa number begin from last October 5, 2015 in which case 7 months have already passed? Or would the 1.5 year wait begin at some future point?

And, if we decided that it is best for me to file the petition for my stepdaughter how would we change what is already done?

While recognizing that I only have myself to blame for what might be a delay in my stepdaughter's receipt of a visa, I do recall my spouse and I going to the local USCIS office last September and being told that either I or my spouse could be the petitioner for our daughter; I do not recall the USCIS employee informing us about the big difference in waiting time. But I kick myself for not doing my homework filing to assisting my spouse in completing the I-130 petition.

Thanks again "newacct" for your assistance and information!

William

[Bzegurl 41]

The important note is because some IR1 family members travel to the US to adjust status and some are already in the US when the petition is filed. Do NVC makes that note because the NVC process is for consular interviews only not AOS.

Sorry USCIS didn't tell you about the differences in both filing methods. Continue to follow the steps from NVC and you will be fine. Just a couple month difference. Good luck with your journey.

[Btranquilo 2]

Thank you Bzegurl for the information; if the difference is only a couple of months and since we started my spouse being the petitioner it seems simpler to proceed with the petition we have that is already approved. Thanks again!