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Stubmeister

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Filed: K-1 Visa Country: Colombia
Timeline

Sometimes one can get lost in a sea of information and that is what happened to me. My wife and her 2 younger children are currently waiting for their permanent green card approvals. In the meantime, her oldest daughter, along with her granddaughter set out on an 'adventure'. Try to follow this as I will attempt to explain. The daughter (who was residing in Colombia), was dating a man from the UK for 2 years. They decided to get married so she sold all her possessions and came to the US with a tourist visa, (both her and her daughter). She wanted to visit her mother before moving to London to live with her then fiancé. The man was to meet them here in the US and take them to London to live and eventually get married. When 'Mr. Wonderful' arrived here, he got cold feet and took off for London leaving the daughter and the granddaughter here in the US. So the question is what does the daughter have to do to get her status changed? She arrived here legally and I'm certainly not going to send them off with only their proverbial 'hat-in-their-hand'. (Yes they are living with me!) I know of others who came here under 'questionable circumstances' so I hope her resolution is a lot easier. Any guidance/direction is greatly appreciated.

USCIS I-129F Petition:   image.png.5e26813a0fee6f4065ce829758e29731.png      

image.png.66176722dd07631b884c6730df9ff788.pngimage.png.63696e1e1440439256be59ac086d18bb.png

Dept of State K1 Visa:   image.png.9a78db6ac742a01a01d0b157963311c8.png       image.png.8b2371c75847cbfbc45e7dc896f8ba1f.pngimage.png.e0b583662f868174b3c52088da49263c.pngimage.png.7f70a1e5e353924875a93c2b082fbee0.png
USCIS I-485 Petition:   

image.png.465aaf5ca7c51799120b0fab7f99afe5.png

      image.png.e0b583662f868174b3c52088da49263c.pngimage.png.7f70a1e5e353924875a93c2b082fbee0.png
           
         

 

 

 

 

 

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1 hour ago, Stubmeister said:

Sometimes one can get lost in a sea of information and that is what happened to me. My wife and her 2 younger children are currently waiting for their permanent green card approvals. In the meantime, her oldest daughter, along with her granddaughter set out on an 'adventure'. Try to follow this as I will attempt to explain. The daughter (who was residing in Colombia), was dating a man from the UK for 2 years. They decided to get married so she sold all her possessions and came to the US with a tourist visa, (both her and her daughter). She wanted to visit her mother before moving to London to live with her then fiancé. The man was to meet them here in the US and take them to London to live and eventually get married. When 'Mr. Wonderful' arrived here, he got cold feet and took off for London leaving the daughter and the granddaughter here in the US. So the question is what does the daughter have to do to get her status changed? She arrived here legally and I'm certainly not going to send them off with only their proverbial 'hat-in-their-hand'. (Yes they are living with me!) I know of others who came here under 'questionable circumstances' so I hope her resolution is a lot easier. Any guidance/direction is greatly appreciated.

Daughter cannot stay in the US if she is over 21. No grounds to adjust.

There are no visas available in her category (adult child LPR). 

If you married her mother before her 18th birthday I believe she would be the adult child of a USC. But there are no visas available in that category, too. 

She needs to leave before she is out of status. As she cannot stay in the US and wait for her visa to be current (can't adjust when out of status).

You cannot do anything to help her stay in the US. Sorry. 

ETA: Make sure she leaves before her 6 months is up. Or she won't be able to visit her mother (visa will be revoked). She might also gain a 3 or 10 year ban (depending on how long she overstays). 

Edited by Redro
Edit because OP's wife is waiting on ROC not initial GC.
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1 hour ago, Stubmeister said:

what does the daughter have to do to get her status changed?

 

How old is the daughter?  If she is over 21 years old, there's no legal option for her but to leave the US before her I-94 expires.

 

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Filed: Citizen (apr) Country: Myanmar
Timeline

Even if the daughter, 

* became OP’s step daughter before age 18 and

* is under age 21,

there is no path for the grand daughter through OP (the U.S. citizen step dad), because immediate relatives of U.S. citizens cannot have derivatives.

 

And AFAIK, DACA is not taking new members.

 

The best thing is for the grand daughter is for daughter and grand daughter to return to Colombia. Otherwise the grand daughter faces the life of a Dreamer without DACA: no work authorization, no drivers license in at least a dozen states. A life in the shadows is awful.

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3 hours ago, Stubmeister said:

Sometimes one can get lost in a sea of information and that is what happened to me. My wife and her 2 younger children are currently waiting for their permanent green card approvals. In the meantime, her oldest daughter, along with her granddaughter set out on an 'adventure'. Try to follow this as I will attempt to explain. The daughter (who was residing in Colombia), was dating a man from the UK for 2 years. They decided to get married so she sold all her possessions and came to the US with a tourist visa, (both her and her daughter). She wanted to visit her mother before moving to London to live with her then fiancé. The man was to meet them here in the US and take them to London to live and eventually get married. When 'Mr. Wonderful' arrived here, he got cold feet and took off for London leaving the daughter and the granddaughter here in the US. So the question is what does the daughter have to do to get her status changed? She arrived here legally and I'm certainly not going to send them off with only their proverbial 'hat-in-their-hand'. (Yes they are living with me!) I know of others who came here under 'questionable circumstances' so I hope her resolution is a lot easier. Any guidance/direction is greatly appreciated.

Aside: Mr Wonderful might have been scamming your wife’s daughter because (I believe)  the process to move to the UK is fairly onerous. If they were planning to marry in the UK she would have had to apply for a marriage visa. And I believe for the visa to live in the UK she would have had to complete an English language test… 

if she falls in love with another foreigner make sure she researches the process for moving to that country… 

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  • 2 weeks later...
Filed: Citizen (apr) Country: Ecuador
Timeline

A hijack post has been split from this thread and moved to the Mexico/Latin/South America regional forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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