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Why Was Daughter's I-485 Denied? [split topic]

By laelae in Bringing Family Members of US Citizens to America

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laelae Apprentice

laelae   1

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Filed: Other Country: Bahamas
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Hi I’m a US citizen, hubby is a green card holder. My step daughter is from Bahamas she just turned 21 this week. I applied for her I-130 a couple years ago it was approved, then applied for her green card it got denied a yr ago. My husband was the petitioner for her 485, is that the real reason for denial? Should I have filed as her petitioner?Reason said she became out of status in 2012, she has been here since we obtained custody of her at age 6 but why would they approve her I130? And got as far as setting up her finger print’s appt for 485 then we received denial letter

Boiler Grand Master

Boiler   45,743

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Filed: K-1 Visa Country: Wales
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Posted
18 minutes ago, laelae said:

Hi I’m a US citizen, hubby is a green card holder. My step daughter is from Bahamas she just turned 21 this week. I applied for her I-130 a couple years ago it was approved, then applied for her green card it got denied a yr ago. My husband was the petitioner for her 485, is that the real reason for denial? Should I have filed as her petitioner?Reason said she became out of status in 2012, she has been here since we obtained custody of her at age 6 but why would they approve her I130? And got as far as setting up her finger print’s appt for 485 then we received denial letter

The I 130 shows your relationship and they believe that.

 

The problem with the I 485 is that she is out of status so has no status to adjust from and does not meet a requirement for this to be waived.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

TBoneTX Grand Master

TBoneTX   45,654

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Filed: Citizen (apr) Country: Ecuador
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Posted

The above were split from another thread in another 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(!).

manyfudge Collaborator

manyfudge   291

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Posted (edited)

1) yes, you filed i-130 in time (if you married when she was under 18).

 

2) you did NOT file i-485 in time (could have done it at the same time as i-130).  That had to be filed before she turned 18.

 

3) she has to leave the US NOW and you pick consular processing for i-130 by filing i-824 and requesting that the i-130 get sent for consular processing.


4) she serves out her 10 year ban.

 

or if she has a U.S. citizen fiancé/partner, marry ASAP

 

or one of you joins the military and applies for her to get parole in place

 

 

 

 

 

 

 

 

Edited by manyfudge
Boiler Grand Master

Boiler   45,743

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Filed: K-1 Visa Country: Wales
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Posted

There is also the I 601a

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,743

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Filed: K-1 Visa Country: Wales
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Posted

I 601a is a waiver assuming the only issue is illegal presence.

 

I 824 sends the I 130 to the Consulate.

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,985

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Posted (edited)

Several significant issues here.  I would strongly advise hiring some expert legal help in getting this done as efficiently as possible. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Pinkrlion Mentor

Pinkrlion   2,724

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Filed: Country: Jamaica
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1 hour ago, manyfudge said:

 

1) does not help.  She does not have lawful status

 

2) correct - if the father had filed for her as a USC and she adjusted before 21.

 

When she returns to the Bahamas

 

he was not a Citizen he could not file for to adjust. Stepmother should have filed both. 

Phase I - IV - Completed the Immigration Journey 

 

 

Boiler Grand Master

Boiler   45,743

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Filed: K-1 Visa Country: Wales
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Posted

I assume the marriage took place at too old an age for the step mother to file, anyway water under the bridge.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

laelae Apprentice

laelae   1

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Filed: Other Country: Bahamas
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Posted

Denial says…last entry in US was in a nonimmigrant category B2 in 2011 and expired 2012..violation of non immigrant status by overstaying ( but she was 9 yrs old)… one or more INA 245 bars apply and she doesn’t qualify to adjust status 

Boiler Grand Master

Boiler   45,743

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
2 minutes ago, laelae said:

Denial says…last entry in US was in a nonimmigrant category B2 in 2011 and expired 2012..violation of non immigrant status by overstaying ( but she was 9 yrs old)… one or more INA 245 bars apply and she doesn’t qualify to adjust status 

Illegal presence starts accumulating at 18

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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