Got rejection notice for k4 AOS application

[mamalou 0]

Kinda worried now, the USCIS sent back my daughter's AOS application & it took 20 days. The rejection notice says they need the I-130+ the fee. The fallowing day I call the USCIS, the lady rep says that my USC husband cannot file for her 1-130 for she is over 18 yo already when our marriage took place. She then advised me as LPR I can now petition her but she has to leave the country before her K4 visa expires, But my husband decided to just resend it concurrent 1-130+1-485 which we did it today, because uscis rep has different advises. Before we send her AOS I call them 4 times & 3 of them advise us to just file I-485 only,.. after all they just reject it. If they accept it well and good, if not We dont have choice except to fallow the law, have to let her go back to the Philippines & wait till she gets approve, but will take more or less 4 yrs. It's just a shame she got good job here & just recently purchased a new car on her own finances & planned to continue her college degree soon on next school yr.

Can you Vjer's pls share your opinion if we made the right thing? I need guidance. I want my daughter here with me as much as possible. I'm mixed up & worried.

this mamalou

[TracyTN 237]

From the AOS guide on this site for K3/K4s:

"14.3)..When we file for adjustment of status, what do we need to do about the child's K4 status? Are we required to file the adjustment for the K4 and pay the fees for each application?

A..Yes, you are. The AOS packages may be submitted together, but they each must contain their own sets of documentation, including a notarized I-864. If the K4 has never had an I-130 filed on their behalf, this must be done now, submitted along with the AOS package."

http://www.visajourney.com/faq/k3k4visa-aos.html#14.3

This is why they rejected it. I agree that refiling with an I 130 is the best course of action, esp. as that's what the rejection notice told you to do. It may not hurt you to have a consultation w/ a family based immigration attorney either. Just because you have the rejection out there and they mentioned her being 18 (confused by that, I must admit). That said, you can't really go by what the USCIS 800 (mis)information line tells you. They don't know what they're talking about 90% of the time.

Can you type out exactly what the rejection notice says?

[sheila526 2]

Just because you have the rejection out there and they mentioned her being 18 (confused by that, I must admit). That said, you can't really go by what the USCIS 800 (mis)information line tells you. They don't know what they're talking about 90% of the time.

Can you type out exactly what the rejection notice says?

It's a petition based on a Stepparent/Stepchild relationship.

According to the I-130 Instructions, under Who May Not File this Form -130:

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Therefore, the USC husband cannot file for the OP's child.

Edited November 21, 2009 by sheila526

[Dakine 26]

Kinda worried now, the USCIS sent back my daughter's AOS application & it took 20 days. The rejection notice says they need the I-130+ the fee. The fallowing day I call the USCIS, the lady rep says that my USC husband cannot file for her 1-130 for she is over 18 yo already when our marriage took place. She then advised me as LPR I can now petition her but she has to leave the country before her K4 visa expires, But my husband decided to just resend it concurrent 1-130+1-485 which we did it today, because uscis rep has different advises. Before we send her AOS I call them 4 times & 3 of them advise us to just file I-485 only,.. after all they just reject it. If they accept it well and good, if not We dont have choice except to fallow the law, have to let her go back to the Philippines & wait till she gets approve, but will take more or less 4 yrs. It's just a shame she got good job here & just recently purchased a new car on her own finances & planned to continue her college degree soon on next school yr.

Can you Vjer's pls share your opinion if we made the right thing? I need guidance. I want my daughter here with me as much as possible. I'm mixed up & worried.

this mamalou

How about hubby adopting her. I adopted my stepdaughter as soon as she arrived in the US with moms. K3/K4.

Anak got her US citizenship soon after. Anak was only 8 tho.

[sheila526 2]

I don't know about adoptions for over I8 years old.

They already filed for I-130 and I-485.

[sheila526 2]

Kinda worried now, the USCIS sent back my daughter's AOS application & it took 20 days. The rejection notice says they need the I-130+ the fee. The fallowing day I call the USCIS, the lady rep says that my USC husband cannot file for her 1-130 for she is over 18 yo already when our marriage took place. She then advised me as LPR I can now petition her but she has to leave the country before her K4 visa expires, But my husband decided to just resend it concurrent 1-130+1-485 which we did it today, because uscis rep has different advises. Before we send her AOS I call them 4 times & 3 of them advise us to just file I-485 only,.. after all they just reject it. If they accept it well and good, if not We dont have choice except to fallow the law, have to let her go back to the Philippines & wait till she gets approve, but will take more or less 4 yrs. It's just a shame she got good job here & just recently purchased a new car on her own finances & planned to continue her college degree soon on next school yr.

Can you Vjer's pls share your opinion if we made the right thing? I need guidance. I want my daughter here with me as much as possible. I'm mixed up & worried.

this mamalou

How about hubby adopting her. I adopted my stepdaughter as soon as she arrived in the US with moms. K3/K4.

Anak got her US citizenship soon after. Anak was only 8 tho.

I thought you have to live with the kid for a minimum of 2 years before you can adopt them

Edited November 22, 2009 by sheila526

[sheila526 2]

Nevermind (it's 2 years before and after adoption)

[Gary and Alla 3,694]

Kinda worried now, the USCIS sent back my daughter's AOS application & it took 20 days. The rejection notice says they need the I-130+ the fee. The fallowing day I call the USCIS, the lady rep says that my USC husband cannot file for her 1-130 for she is over 18 yo already when our marriage took place. She then advised me as LPR I can now petition her but she has to leave the country before her K4 visa expires, But my husband decided to just resend it concurrent 1-130+1-485 which we did it today, because uscis rep has different advises. Before we send her AOS I call them 4 times & 3 of them advise us to just file I-485 only,.. after all they just reject it. If they accept it well and good, if not We dont have choice except to fallow the law, have to let her go back to the Philippines & wait till she gets approve, but will take more or less 4 yrs. It's just a shame she got good job here & just recently purchased a new car on her own finances & planned to continue her college degree soon on next school yr.

Can you Vjer's pls share your opinion if we made the right thing? I need guidance. I want my daughter here with me as much as possible. I'm mixed up & worried.

this mamalou

The K4 needs the I-130 and the fee, that is true. The CSPA rules do not apply to K4s, they apply to CR-2s. Instead of calling the misinformation line...send them what the paper asks for. Calling the untrained people that operate the phomnes at USCIS will only cause you confusion.

The letter is correct, do what it says.

[Gary and Alla 3,694]

Just because you have the rejection out there and they mentioned her being 18 (confused by that, I must admit). That said, you can't really go by what the USCIS 800 (mis)information line tells you. They don't know what they're talking about 90% of the time.

Can you type out exactly what the rejection notice says?

It's a petition based on a Stepparent/Stepchild relationship.

According to the I-130 Instructions, under Who May Not File this Form -130:

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

Therefore, the USC husband cannot file for the OP's child.

This does not apply to non-immigrant K visas. It is for the CR-2

[sheila526 2]

^Ok, I didn't know that is only for CR-2

The USC husband can file for the step child over 18 years old (when they got married)?

I thought a derivative child who was 18 or older at the time of the parent’s marriage to the U.S. citizen can NOT obtain permanent residence status in the U.S.

Yes, the mother can file for the I-130 but not the USC husband, right

Edited November 23, 2009 by sheila526

[Dakine 26]

Kinda worried now, the USCIS sent back my daughter's AOS application & it took 20 days. The rejection notice says they need the I-130+ the fee. The fallowing day I call the USCIS, the lady rep says that my USC husband cannot file for her 1-130 for she is over 18 yo already when our marriage took place. She then advised me as LPR I can now petition her but she has to leave the country before her K4 visa expires, But my husband decided to just resend it concurrent 1-130+1-485 which we did it today, because uscis rep has different advises. Before we send her AOS I call them 4 times & 3 of them advise us to just file I-485 only,.. after all they just reject it. If they accept it well and good, if not We dont have choice except to fallow the law, have to let her go back to the Philippines & wait till she gets approve, but will take more or less 4 yrs. It's just a shame she got good job here & just recently purchased a new car on her own finances & planned to continue her college degree soon on next school yr.

Can you Vjer's pls share your opinion if we made the right thing? I need guidance. I want my daughter here with me as much as possible. I'm mixed up & worried.

this mamalou

How about hubby adopting her. I adopted my stepdaughter as soon as she arrived in the US with moms. K3/K4.

Anak got her US citizenship soon after. Anak was only 8 tho.

I thought you have to live with the kid for a minimum of 2 years before you can adopt them

I adopted my K4 stepdaughter as soon as she arrived in the US and before applying for AOS. She'd only lived with me for 1 week.

She got her US citizenship 2 years after our marriage date in PI.

Edited November 23, 2009 by Dakine

[sheila526 2]

^Yeah, that's why I mentioned "never mind" on another post