danielbro
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Posts posted by danielbro
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To make sure you're not quoting an old article, what is your source here, Dan? I believe the INA is clear that only.(former) fiance's.(wives) and their children may adjust status and that the US citizen may only file an I-130 for a step-child who was under 18 at the time of marriage.
(I'm referring to Dan's claim that the USCIS may be doing some adjustments - this would involve an amendment to the INA)
My source is visa journey, the USCIS web sight under family visa's. And yes, I read it the same way you do that I can only file the I-130 for the child if she was under 18 at the time of marriage. I called the USCIS several times to ask what I should do. Some of the specialist said the K-4 was a dead end visa. I talked to one specialist who told me to file the I-130 and I-485 for the child at the same time and pay the fees for both. He gave me a different address to send the package due to the special circumstances as he put it. I sent the mothers package to the address on the I-485 form in Chicago. Both packages were signed for by the same person.
I don't know if the USCIS are making any adjustments or not. That is why I ask here to see if anyone knows why the I-130 that I filed and the I-485 were approved.
Dan
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Approval notice shows A#, this will be green-card number.
Did the approval notice say "Welcome" ? If so then green-cards should be arriving shortly.
Yep they treated the K-4 the same way as a K-2 would be treated.
You say they treated the K-4 the same as K-2. Do you mean if I had brought the wife and daughter here on the K-1/K-2 it is OK to marry after the child is 18 and the child is admitted to US?
Dan
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Approval notice shows A#, this will be green-card number.
Did the approval notice say "Welcome" ? If so then green-cards should be arriving shortly.
Yep they treated the K-4 the same way as a K-2 would be treated.
Except for the I-130 that had to be filed.
It had to have been an oversight.
If that's not the "Welcome" letter, though, they may still catch up with it.
If it is, congratulations!
Yes, it is the welcome letter for both mother and daughter.
Mother's
NOTICE TYPE; Welcome Notice.
Section: Adjustment as direct beneficiary of immigrant petition.
COA: CF1
Daughter's
NOTICE TYPE: Welcome Notice
Section: Derivative adjustment.
COA: CF2
Dan
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Received the NOA approval letter today for Mother's I-485. Also received NOA approval letter for Daughter's I-485 and I-130. Every thing I have read and ask here states I could not file the I-130 for the daughter since she was 18 when we were married. I called the USCIS and they told me to file the two forms for the daughter together. I was not sure it would work, but thought I would try anyway.
The approval letter came in my name since I was the petitioner in reference to daugter with her A # listed.
Is this something new? Does anyone have any idea why it worked?
Dan
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Hi Everyone
We went for our AOS interview today and was approved. I had no doubt that they would approve my wife. My daughter was another matter as she was 18 when we were married.
My wife was K-3 and daughter was K-4 visa. Everyone said the K-4 visa was a dead end visa if the child was 18 or over when we were married. I could not beleive the USCIS would issue a dead end visa for a child to enter the US.
I called the USCIS and depending who I talked to was told it was a dead end visa, but I got one specialist who knew what I should do.I was told to file the I-130 for the daughter with the I-485 and send to different address than the mothers I-485. The same person signed for both packages at the USCIS.
The two packages were put together and the AOS interview was set for the same time and day for mother and daughter. The officer said nothing about the I-130. He asked how old my duaghter was and she replied she was 20. We were issued approval letters for both wife and daughter. We were told they would receive thier green cards in 3 to 4 weeks.
The green cards will be conditional as we have not been married for two years yet. The officer explained about the lifting of conditions 3 months before the two year experation of the green cards.
Unless the officer made a mistake by approving the daughter's green card it is possible to adjust status for a child who was 18 when the marriage took place.
I hope this information will help anyone who is in a similar situation.
Dan
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Hi All
My wife,daughter and I will be going to thier AOS interview on Monday 12-8-08. What kind of questions can we expect at the interview.
I know they want to make sure we have real relationship. Any help will be greatly appreciated.
Thanks Dan
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randy is correct. i think the daughter will be able to stay until she turns 21, but i'm not sure because after your wife adjusts status the daughter will no longer be in k4 status. maybe someone else can chime in. perhaps you could get a student visa for her daughter.
Yes - look into the student visa. You need to find a college that will supply the I-20 that she needs to apply for the F-1 visa. But she does go out of status when her mother adjusts status, so staying after that is pretty iffy.
I will look into the student visa if I need to. When I talked to the USCIS they told me to file the I-130 for the daughter. Everything says I can not file the I-130 for her. I paid the $1010 for the AOS and $360 for the I-130 as instructed by the USCIS specialist. I hope the money was not a waste. I guess I will find out on 12-8-08
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I had to file seperate petitions for my wife and daughter in seperate packages with seperate checks. The interview date is the same for both of them. December 8,2008. I was required to send the packages to seperate addresses as my daughter was 18 when we were married. My wfe is K-3 and daughter is K-4 like your situation. The USCIS put the two of them together. Many people here of CFL said the K-4 visa for the daughter was a dead end visa because she was 18 when we were married. We will see on December 8.
Dan
The catch is that a K-4 needs to have an I-130 filed before she can adjust status. Since she was over 18, you cannot file one. Only her mother can - AFTER she becomes an LPR.
She will fall in the second category, with about a 6 year wait, on the visa bulletin.
From the India Embassy web site - "Note: A step-parent or child will qualify for immigration only if the marriage creating the step-parent/child relationship occurs before the child's 18th birthday."
You may be correct. I called the USCIS and was told to file the I-130 for the daughter and send to different address. I paid the fee and sent with the I-485. The I-130 has yet to be approved. I do not know the outcome. I will see at the interview on 12/8/08. As I said before everyone here on CFL said it was a dead end visa. Some people at the USCIS said the same, ohters said to do I-130 and I-485 at same time.
Who know what will happen.
Dam
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I had to file seperate petitions for my wife and daughter in seperate packages with seperate checks. The interview date is the same for both of them. December 8,2008. I was required to send the packages to seperate addresses as my daughter was 18 when we were married. My wfe is K-3 and daughter is K-4 like your situation. The USCIS put the two of them together. Many people here of CFL said the K-4 visa for the daughter was a dead end visa because she was 18 when we were married. We will see on December 8.
Dan
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CONGRATULATIONS! BTW, was the interview in Chinese?
Yes the interview was in Chinese.
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My wife had her interview yesterday and got the pink. This is how it went.
What is your husbands name?
She tells him.
Does your husband have any children?
Yes
How old are your husband's children?
She tell the VO thier names and ages.
What is your husband"s job?
She tells him.
Give me your pictures.
Give me your email.
Do you speak English?
Little.
How do you talk to your husband.
We use electric translator. I will go to language school in USA.
The VO say Welcome to the USA.
Fast and simple. The VO did not ask for the I-134.
We will be on our way back to the USA soon.
Thanks for all the help from CFL.
Dan
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I called DOS last week. They told me the interview date is 10/24/07. My wife has not received the P-4 letter as of this morning. I have read Dave's SO has interview for same day. Dave has your SO received her P-4 yet? Or anyone else who has interview for 10/24/07.
Thanks Dan
Wife received P4 today 9/14/07. Mailed on 9/6/07
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For those of you waiting for your P4 and wondering how long it takes I can give you our experience.
I just got off the phone with my very excited SO who told me that the P4 came today. It was sent on the 7th. She lives in Shenzhen which as everyone knows is not far from GUZ. I don't know if this was a factor or not.
So that's six days from GUZ to Shenzhen.
Your mileage may vary.
Have a good night all.
My Wife received her P4 today also. It was mailed 9/6/07. She lives in Chongqing. 7 days. Interview date 10/24/07
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My sweet SO saw this request on China GUZ site for DS-156 but I do not see on US site? Are they still requiring this? I've searched CFL and see link to look it up, or go to post office. Must this still be done? Recommended method?
Thank you all!!
By the way, called DOS again today, they said "all approved, just waiting for interview date".
I just checked the Guz sight. In the letter to K3/K4 applicants it states two copies on the DS-156 with name in Chinese and telegraphic code. It does not ask for one in Chinese and one in English.
K1/K2 may be different.
http://guangzhou.usconsulate.gov/uploads/i...24._K3_PKT4.pdf
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Dan,
Sunshine told me she the P-4 arrived today. According to DOS, it was sent out last Friday. They used the same EMS label she provided in her P-3 paperwork.
See you on the 24th! Do you plan to attend ACH on the 22nd?
ILS
I would like to attend ACS, but will not arrive until Tuesday. What can you learn at ACS? Perhaps you can fill me in when we meet.
Thanks Dan
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I called DOS last week. They told me the interview date is 10/24/07. My wife has not received the P-4 letter as of this morning. I have read Dave's SO has interview for same day. Dave has your SO received her P-4 yet? Or anyone else who has interview for 10/24/07.
Thanks Dan
Hi Danielbro!
Congratulations on getting your interview date! You have the same interview date as we do, so if you plan to attend, I hope to see you there the morning of Oct 24th!
We haven't received our P4 yet. Even though my SO lives in a fairly big city (Shanghai), it took a week to get our P3 once GUZ puts in the computer that they have sent the P3. Truthfully it should only take 24 hours to get to Shanghai by EMS, so there must be a lot of other things that they do or some standard delays before they leave GUZ.
I would give your SO a week from today to receive it.
ILS
Yes, I will be there. I hope to bring my wife back to the States with me. Thank you for your reply. Knowing we are not the only one not to receive the P-4 yet makes us both feel better. I will post when she receives the P-4. She lives in Chongqing. We plan to stay at Mr.Yangs at the consulate building. Hope to see you there.
Dan
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I called DOS last week. They told me the interview date is 10/24/07. My wife has not received the P-4 letter as of this morning. I have read Dave's SO has interview for same day. Dave has your SO received her P-4 yet? Or anyone else who has interview for 10/24/07.
Thanks Dan
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Hello Everyone;
I filed a I-129Fin February. Has any February Filers received their P-3 yet?
Chris and Amy's Timeline
I-129F sent Feb. 13th 2007
Case # received Feb 20th
Sent to NVC May 18th
Sent to GUZ June 11th.
SO received her P-3 July 26,2007
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ok.. I'm back but had to read that other thread and lookup definitions again...
I know there are two threads going (which could be merged).. but my opinion is: Where's frank!
and my second thought is.. as said in the other thread, a K4 over 18 at time of parent/USC marriage is still available, but is a dead-end visa... the USC cannot file the I-130; the alien parent can once they are LPR.
So, get the child here under a K4 (two year validity) and the mother files AOS. Being the OP probably has San Bernadino as the local office, which is a fast office (3-5 months?), the mother could turn around fairly soon and file the I-130/I-485 as Ty said... ok.. we all agree
Thank you for all your information, it's a big help. You are right about me being clost to the San Bernardino USCIS office. I looked online at the local office but they do not process the I-485. I will have to send it to Chicago. Now I know what I need to do once mother and child are here.
Thanks again for your help.
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When the petitioner and beneficiary are married the child is over 18 but not yet 21. The petitioner can not file I-130 for the child, as the child was over 18 when the marriage took place. The petitioner files I-130 and I129F for the beneficiary. The child is listed on the I-129F and can come to U.S. with the beneficiary after visa approval.
What is the process for Adjustment of Status for the child without the I-130 being filed by the petitioner?
Thank you for your time.
Interview on 1/21/2009 @ 10:30 A.M.
in AOS & Immigration Challenges
Posted
We went for our interview on 12-8-08. The only things they ask for was proof of relationship. I gave them pictures and my bank statement with my wife added. He ask if he could keep the pictures.
Seperate bank statements might make them wonder if you are in a true relationship. I would add her to my bank account and show that statement or proof that she is on the account.
I also took the approval for the I-130 although they did not ask for it. I took current pay stubs but they did not ask for them either.
I think the main thing they want to verify is you are in a true relationship.
since you already summited your I-864 they probably will not ask for your pay stub. I would not tell them you are not working or they may want I-864 from your parents.
Dan