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Posted

Hi VJer's

I'm a newbie here in VJ and seeking advice I hope anyone else or same situation here can help me !

I came here in the US thru my husband (fiance visa) and we are so happy living together now...

During my petition my husband did not put my daughters name in the appropriate blank, he thought that we can

petition her later,and we dont really know that she can join the petitions

My question is.... is there any chance for me to petition my daughter who is 13 years old now?

Any advice you all could give me would be much appreciated

Thanks

best_mom

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hi VJer's

I'm a newbie here in VJ and seeking advice I hope anyone else or same situation here can help me !

I came here in the US thru my husband (fiance visa) and we are so happy living together now...

During my petition my husband did not put my daughters name in the appropriate blank, he thought that we can

petition her later,and we dont really know that she can join the petitions

My question is.... is there any chance for me to petition my daughter who is 13 years old now?

Any advice you all could give me would be much appreciated

Thanks

best_mom

one way to find out... have the hubby submit the I-130 to start with

YMMV

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Yes for sure submit the I-130. I thought however by her posting in the PI forum it may bring her a clearer picture. :)

Best mom previous post

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Posted
so your husband lied when on the petition where it asks for him to declare any children that you have?

No he did not intend to lie, during my petition we did not know that she can join the petition and since we have no plan

to bring my daughter here at that time , we thought that we can petition her anyway later

Posted
so your husband lied when on the petition where it asks for him to declare any children that you have?

No he did not intend to lie, during my petition we did not know that she can join the petition and since we have no plan

to bring my daughter here at that time , we thought that we can petition her anyway later

the question on the I-129 petition is the following:

13. List all children of your alien fiance(e) (if any)

It says nothing about joining on the petition....question 13 is part of the section titled "Information about your alien fiance(e)".

Your husband can fill out an I130 for your daughter and initiate the process now, I'm just not sure what whether this question will come up and be asked at the consulate at the time of the interview...why at the time of you petition that was left blank, but now there is a child.

funny-dog-pictures-wtf.jpg
Filed: AOS (apr) Country: Philippines
Timeline
Posted
so your husband lied when on the petition where it asks for him to declare any children that you have?

No he did not intend to lie, during my petition we did not know that she can join the petition and since we have no plan

to bring my daughter here at that time , we thought that we can petition her anyway later

ignorance, innacurate filing or an error of ommision... not much difference if you ask me

YMMV

Posted
so your husband lied when on the petition where it asks for him to declare any children that you have?

No he did not intend to lie, during my petition we did not know that she can join the petition and since we have no plan

to bring my daughter here at that time , we thought that we can petition her anyway later

ignorance, innacurate filing or an error of ommision... not much difference if you ask me

yah your right, ignorance is the right word for us , and we accept it... thats why we are here seeking advice for you

guys, and thanks you for all of your responsed

Posted (edited)
so your husband lied when on the petition where it asks for him to declare any children that you have?

No he did not intend to lie, during my petition we did not know that she can join the petition and since we have no plan

to bring my daughter here at that time , we thought that we can petition her anyway later

ignorance, innacurate filing or an error of ommision... not much difference if you ask me

yah your right, ignorance is the right word for us , and we accept it... thats why we are here seeking advice for you

guys, and thanks you for all of your responsed

I sure hope it wasn't done to get around the poverty levels because you would not have qualified with her listed because if that is the case I feel there may be problems.

Edited by thepizzadude

Mailed n-400 : 4-3-14

USCIS Received : 4-4-14

NOA1 Sent : 4-8-14

Biometrics Appt Letter Sent : 4-14-14

Biometrics Appt : 5-5-14

usaflag.gifphilippinesflag.gif

Poverty Guidelines : http://www.uscis.gov/files/form/i-864p.pdf
VisaJourney Guides : http://www.visajourney.com/forums/index.ph...amp;page=guides
K1 Flowchart : http://www.visajourney.com/forums/index.ph...amp;page=k1flow
K1/K3 AOS Guide : http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos
ROC Guide : http://www.visajourney.com/content/751guide

DSC04023-1.jpg0906091800.jpg93dc3e19-1345-4995-9126-121c2d709290.jpg

Posted
my best advice is to get a lawyer.

have you Adjusted Status already? are you a GC holder now?

exactly, what is you legal status in the US... these may play some role in this situation too.

Yes, I'm a green card holder now and in the process of REMOVAL OF CONDITION right now my husband sent the

application for I-751 last week.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
I sure hope it wasn't done to get around the poverty levels because you would not have qualified with her listed because if that is the case I feel there may be problems.

not an issue as she would not be included on the affidavit of support until the child was intending to immigrate...

YMMV

 
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