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athleticzeus1871 Newbie

athleticzeus1871   0

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Filed: Lift. Cond. (pnd) Country: Nigeria
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I just received letters from the USCIS now denying my kids their I-458 because my ex wife who was their petitioner then revoked the petition from last year and revoked the last one for my 8years old this mar 13th. I have just had an extension to my residence status while waiting for my 10 years. Can I reapply for the 3 of them afresh?

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Just Paul Veteran

Just Paul   4,595

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Filed: Citizen (apr) Country: Philippines
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8 minutes ago, athleticzeus1871 said:

I just received letters from the USCIS now denying my kids their I-458 because my ex wife who was their petitioner then revoked the petition from last year and revoked the last one for my 8years old this mar 13th. I have just had an extension to my residence status while waiting for my 10 years. Can I reapply for the 3 of them afresh?

Since you are an LPR you can file new I-485s for the kids with you supplying the I-864.  Were the kids K2 follow to join?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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athleticzeus1871 Newbie

athleticzeus1871   0

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Filed: Lift. Cond. (pnd) Country: Nigeria
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1 hour ago, Paul & Mary said:

Since you are an LPR you can file new I-485s for the kids with you supplying the I-864.  Were the kids K2 follow to join?

Thank you for this reply it means alot. I dont understand the last bit though "were the kids K2 follow to join"

 

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Just Paul Veteran

Just Paul   4,595

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Filed: Citizen (apr) Country: Philippines
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Just now, athleticzeus1871 said:

Thank you for this reply it means alot. I dont understand the last bit though "were the kids K2 follow to join"

 

What visa did the kids come on? I-485 are usually only if you were a K1 or adjusted by marriage in the US from another visa. Usually the I-485s for a family are all filed together.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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athleticzeus1871 Newbie

athleticzeus1871   0

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Filed: Lift. Cond. (pnd) Country: Nigeria
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Posted
1 hour ago, Paul & Mary said:

What visa did the kids come on? I-485 are usually only if you were a K1 or adjusted by marriage in the US from another visa. Usually the I-485s for a family are all filed together.

The kids came on a regular B1 Visa then we did the I-130 and 1-485 together 

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Ontarkie Grand Master

Ontarkie   14,231

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Filed: Citizen (apr) Country: Canada
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~~Moved to Bringing Family of PR, from Off Topics- the OP is a permanent resident.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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2 hours ago, athleticzeus1871 said:

The kids came on a regular B1 Visa then we did the I-130 and 1-485 together 

Have they been out of status at any point? What is their current status? As children of an LPR, they can not adjust status if they are or have been out of status during their stay.

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athleticzeus1871 Newbie

athleticzeus1871   0

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Filed: Lift. Cond. (pnd) Country: Nigeria
 Timeline
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Posted
3 hours ago, SusieQQQ said:

Have they been out of status at any point? What is their current status? As children of an LPR, they can not adjust status if they are or have been out of status during their stay.

They just got their status revoked after my ex withdrew their petition and I got the mail today and the USCIS sent out the mail on the 13th and 17th of March after 2years of the applications.

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SusieQQQ Grand Master

SusieQQQ   11,586

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Filed: Citizen (apr) Timeline
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58 minutes ago, athleticzeus1871 said:

They just got their status revoked after my ex withdrew their petition and I got the mail today and the USCIS sent out the mail on the 13th and 17th of March after 2years of the applications.

Then unfortunately they are not eligible for adjustment of status. They will have to return home and await consular processing. This is one of the pitfalls of trying to adjust from a B visa, you will inevitably go out of status with any kind of problem in the process. It wouldn’t have been a problem if the USC had remained the petitioner but it is a problem now that you are.

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Exactly as above.

 

Yes, you can petition for them. One I-130 for each. The sooner you start, the sooner they will become eligible.

Since they are under 18, they are not accruing unlawful presence. So they won't get any ban upon exit of the US due to overstay. They can complete consular processing abroad and get immigrant visas under F2A.

ETA: ~18-24 months last I checked for F2A. I saw it was actually quicker recently, but with the whole COVID-19 thing causing shutdowns and such, I can only anticipate it will be at least that long again.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Sami58 Apprentice

Sami58   17

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Filed: AOS (pnd) Country: Guyana
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22 hours ago, athleticzeus1871 said:

I just received letters from the USCIS now denying my kids their I-458 because my ex wife who was their petitioner then revoked the petition from last year and revoked the last one for my 8years old this mar 13th. I have just had an extension to my residence status while waiting for my 10 years. Can I reapply for the 3 of them afresh?

Unfortunately you cannot petition for them to adjust status. They will have to leave the US. I’m so sorry that you are in this position. May God be with you!

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