Need help with RFE for F2A (children under 21)

[sonduyenanh 0]

After you will abondon your green card? u r fooling with the system and actually have green card with no intent to stay / i believe that itself is fraud

Since we are all in favor of those who honestly want to come and be part of our society, i don't understnd why you want to take these chances / could result in permanent ban for you and possible ban for your daughter

Hi kris&me,

I'm not sure why you said what I am doing is a fraud. Everyone has their own plan/ purpose/ opinion on becoming a part of US society. My daughter is young and like others young people, they see America as a dream land where you can build up your future. Unlike her, I'm old and so I want to live in my motherland. Trust me, I'm trying to be honest about my situation here and I'm not trying to play around with the system. I just have business to take care back in my country, no other option

To answer your original question -- you are wrong. The time is not shorter for someone already in the US, as your daughter cannot apply to adjust her status until the her Priority Date (PD) is current. Right now, they are processing cases with a PD of Nov. 15, 2014. There is a relatively-new USCIS that allows a beneficiary to start filing the paperwork to adjust status a year-or-so before the PD will become current, but like visa issuance, the adjustment cannot be approved until the PD is cuttent.

The process from petition filing to visa issuance/adjustment of status approval is at least two years -- and there is no guarantee that won't increase. You are skirting the law with your plan -- getting caught will likely mean you will have trouble entering the US in the future and your daughter will not be able to immigrate.

Thanks Jan22

Do you know if there is an interview on the final step? and by any chance you have some info on RFE ?

Thanks so much guys!

[Shauneg 762]

Not sure what you're doing is wrong? Tell USCIS your plan....they'll let you know.

Edited August 24, 2016 by Shauneg

[f f 725]

the i864 may give you some issues since if your primary income is coming from a job outside the US it will raise red flags. as well as since your supposed to be working in the us and visiting other countries it will be hard to claim your incone is not taxable since it was made in another country but your a resident of the us and just run a side job in that other country.

someone please correct me if I'm wrong but if you do not have us health insurance you have to pay the fine on your taxes and it is a flat fee or percentage which ever is more so even if you claim zero us income you are still liable for the fine since you also need to claim your residence is in the us to maintain your green card.

since you are petitioning you have to file the i864 and since the income is foreign it does not count toward that requirment.

[Gakkykiba 3]

We're not trying to be mean or anything, but based on what you have been posting you're plan is considered an abuse to the system. The main purpose of your green card is to be able to live in the US as a Lawful Permanent Resident, not just a mean to give a family member a quick way to gain residency. I understand that you want a good future for your daughter in the US, but in able to give her one, you have to do it lawfully.

If you really wanna get your daughter a green card, what I can suggest is for you to move here in the US, petition your daughter and stay here during the process (around 2 years) and once she gets here legally then you can decide if you really wanna abandon your residency. But you seriously cannot do that while outside the US. You will raise a lot of red flags, and if the US finds that you are abusing their petition system, worst case is you and your daughter will get banned and she'll have no more future here. So, why risk it? Do it legally within the system.

[jan22 3,056]

Thanks Jan22

Do you know if there is an interview on the final step? and by any chance you have some info on RFE ?

Thanks so much guys!

There is always the possibility that usCIS will call you and your daughter in for an interview. Based on the circumstances of your case, I would predict that it is more likley than not that you will be called in for interview.

Re the RFE -- you haven't provided enough info here to be sure of the answer to your question, but based on what you are saying the RFE is for, I am assuming that your daughter was born out of wedlock and you are the father. If so, you must prove that you "legitimated" her (i.e., claimed her officially as your daughter) in accordance with the laws of your home country. If not, you would then have to prove that a valid father-daughter relationship was formed and existed prior to her 21st birthday.

Even if the petition is approved, be prepared to have difficulties actually adjusting status -- you will need to file the Affidavit of Support, showing that you can support her. With no US-based income, and the travel pattern that USCIS will be able to see, it will become quite clear that a) you are not actually residing in the US; and, b) that the adjustment of status application is not for family reunification (i.e., you and your daughter both living in the US). If that is what they prove, you will lose your green card and your daughter's adjustment will be denied. You need to carefully re-think your plan.

Edited August 24, 2016 by jan22

[Penguin_ie 5,994]

**** As OP has has his question answered, and received excellent advice, including from jan22, a former CO, and this topic is bordering on discussing illegal immigration activity, it is now closed *****