we filed for her citizenship 2 months too soon

[Hickock 12]

because the website language is ambiguous. It said 3 years from date of residence, which they SHOULD explain means from the issue date of your green card. We thought it meant from the time she  got a US driver's license, SSN, etc.  So now, we are told that we have to start all over, and lose our $700 fee, too. Because they should have caught this when we first applied, or when she got her biomentrics, this is really their error.  I've got a US congressman looking into that and I doubt we'll lose the fee.  I'll bring Ms Trump's staff  in on it if I must. However, now we have to change our approach to getting her  9 y o (will be 10 in Feb) daughter here. My Filipina wife has been told that she can't file  for her daughter to "follow on'" cause her  her 10 year visa was delayed. She was given some sort of 18 month extension of her 2 year visa.  So I'm trying to send for her daughter myself.  Can I get some advice about doing that? Thanks.

Edited December 4, 2019 by Hickock

[USS_Voyager 1,972]

6 minutes ago, Hickock said:

which they SHOULD explain means from the issue date of your green card

On which it clearly says “Resident since: date so and so. Sorry I think this one is on you. With just minimal research, you could’ve avoided it. As bad as yours is, we’ve seen worse. Earlier this year there was a guy who was denied because he filed online at 2:00 AM the day he became eligible. The application was pending for one year and they denied it.

 

8 minutes ago, Hickock said:

Because they should have caught this when we first applied, or when she got her biomentrics, this is really their error.  

Oh no no no no. That’s not how it works my friend.

 

8 minutes ago, Hickock said:

I'll bring Ms Trump's staff  in on it if I must.

Uhm what? Who?

 

9 minutes ago, Hickock said:

So I'm trying to send for her daughter myself.  Can I get some advice about doing that?

Yes, you just file an I-130 for step child. It’ll be around 12-16 months process for her to be here. 

[payxibka 10,045]

22 minutes ago, Hickock said:

  So I'm trying to send for her daughter myself.  Can I get some advice about doing that? Thanks.

Read the site guides 

[Hickock 12]

you're unaware that the first lady has staff that handles the same stuff that the Prez is asked to fix? He gets 100's of thousands of request per day. She get a hundred, but when her staff calls some fed employee, it's STILL "the white house calling". and if you dont want to be working in Alaska and it's your fault, best fix it. One of her clerks tells her, "Mrs trump, so and so is ignoring me", and Melania says, "Donald, I have a problem".  you think that any fed employee wants to risk that? I got action really well with a letter to Barbara Bush and believe me, the Fed did NOT want to do what I was asking. 🙂

[Highmystic 234]

1 hour ago, Hickock said:

because the website language is ambiguous. It said 3 years from date of residence, which they SHOULD explain means from

I certainly understand your anger about it all, however, dealing with Immigration, "assumptions" does not hold water.  When it says "Residence",  a K1 is not a resident, they are a non-resident immigrant until which time they have their AOS. (Adjustment of Status from non immigrant to LPR).    When we went for wifes AOS, the IO told us, do not send in paperwork even a day before as they will just cash the check, say thank you and give you a letter to try again tomorrow.   I thank my stars I found this site early, back before filing for I-129 as there are people here that to me have more smarts than some of those so called lawyers will ever have, and there are some great people here who offer guidance for free from the "Been There Done That" crowd.  Best of luck to you and yours.

[payxibka 10,045]

Ignorance of the rules is not a  right able wrong.  You submitted an application fee to determine eligibility for a certain benefit, they determined she was not eligible for the benefit applied for.   They did there job. 

 

It's no different than submitting an application fee for a mortgage only to be denied after review.   Those fees don't get refunded 

[Lemonslice 4,860]

... it is the first question 😕

 

Quote

b) Have been a Lawful Permanent Resident... 

 

[Hickock 12]

they did nothing, so they have zero claim on my $700. That is not the issue. what I ASKED about, before all you jumped in, is what do I have to do in order to get her daughter here? I do not believe it takes a year. It only took 4 months to get my wife here.

 

 

Edited December 4, 2019 by milimelo
Offensive word taken out

[USS_Voyager 1,972]

24 minutes ago, Hickock said:

you're unaware that the first lady has staff that handles the same stuff that the Prez is asked to fix?🙂

Oh great, this is fantastic. No, I wasn’t aware that Melania needed to pay off a porn star nor she wanted dirt on Joe Biden. So according to you, there is a Melania’s equivalent to Michael Cohen and Rudy Giuliani combined running a fixing scheme right inside the White House and both the First Lady and the President are in on this conspiracy. Have you informed the impeachment committee? Maybe they can impeach the First Lady too. 
 

So, you have this guy’s number ? 

[USS_Voyager 1,972]

43 minutes ago, Hickock said:

they did nothing, so they have zero claim on my $700. That is not the issue. what I ASKED about, before all you jumped in, is what do I have to do in order to get her daughter here? I do not believe it takes a year. It only took 4 months to get my wife here.

I told you on the first post. No, I don’t see how you can bring her here in 4 months. It doesn’t matter what you believe. You can say: “I don’t believe in gravity” all day long and if you jump off a cliff, you still fall down. 
 

Good night! Thanks for the entertainment. That was great. Letter to Barbara Bush, Melania’s fixer, “Oh Donald, I have a problem”, 100’s of thousands of requests per day.... 

Edited December 4, 2019 by milimelo
Offensive word taken out

[milimelo 4,487]

Op, mind your language or mod action will be taken. Offensive word has been taken out of your post and one quoting it. 

 

Here’s the deal: you didn’t pay attention and now get to pay for N400 again. Hopefully you’ve learned to go over everything several times before sending it in. The same applies when it comes to your stepdaughter’s I-130. 

[EmilyW 1,443]

If the only question was about bringing the child across, what was with the long-winded backstory and Trump sub-plot?

[geowrian 22,337]

You made the mistakes, not USCIS. "They should have caught it" does not make you any less responsible.

The website is not ambiguous with regards to eligibility for citizenship. The terms they use have specific meanings and are used in specific ways. They have an entire policy manual that lays out specifics. Your misunderstanding of the requirements does not mean they made a mistake.

 

9 hours ago, Hickock said:

they did nothing, so they have zero claim on my $700. That is not the issue. what I ASKED about, before all you jumped in, is what do I have to do in order to get her daughter here? I do not believe it takes a year. It only took 4 months to get my wife here.

They adjudicated her application. They ran background checks. While your case was likely easier than most, they don't charge fees by the level of effort on a particular case. You apply -> You pay the same fee as everybody else -> USCIS adjudicates the application. Nobody pays only if approved.

 

Your wife's immigration was years ago. Timelines have changed since then.

Since she is an LPR, she can file an I-130 for a child or son/daughter. Since she is under 21 and unmarried that falls under F2A. F2A is taking a little under 2 years right now.

If your wife naturalizes after filing, the petition can be upgraded to IR-2. ETA: ~1 year from then.

 

11 hours ago, Hickock said:

However, now we have to change our approach to getting her  9 y o (will be 10 in Feb) daughter here. My Filipina wife has been told that she can't file  for her daughter to "follow on'" cause her  her 10 year visa was delayed. She was given some sort of 18 month extension of her 2 year visa.  So I'm trying to send for her daughter myself.  Can I get some advice about doing that? Thanks.

Alternatively (and preferably), you (as the USC) can file for them as a stepchild. This could have been done at any time after marriage. USCIS has not delayed the process at all as this has been an option available to the child for years now.

Guide:

 

She would have a 2 year green card, not a visa. Her green card would be extended by 18 months by filing for ROC, not a visa. Citizenship cannot be approved until ROC is approved anyway.

I highly suggest taking some time to learn specifics and terminology to avoid similar mistakes that led to the denied N-400. Words matter.

[Cathi 5,760]

13 hours ago, Hickock said:

I'll bring Ms Trump's staff  in on it if I must.

[SunflowerSweet 1,321]

For someone who is apparently so knowledgeable about the inner workings of the federal government, it’s super weird you didn’t realize that getting your SSN and your (STATE’S) driver’s licenses are completely separate process and not what you should base immigration matters on AT ALL. I feel like that’s basic common sense.

 

Also, I’m a federal worker and I can promise you that your entitled attitude means your complaints are getting filed directly into my non-urgent pile, letter from Lady Trump be damned.