Search the Community

We decided to file the I-130 for my wife 30 year old single daughter. I wanted to have her apply for visitor visa first but she got advice from an agency in China that there is no way her daughter would get a visitor visa while we wait out the I-130 process. We received the I-797 and were assigned to California service center WAC********** My question is does the 6 to 7 year wait start from the day they received the application? I see that at that service center they are working on May 2015 for approvals of unmarried children over 21 was hoping the clock doesn't start ticking after the approval. Can anyone who was in this situation share how that works when the clock starts...Thank you

Dear ........... My name is ........... I have lived in .............. for X years, and have supported your campaign. I have a family immigration issue I would like to describe to you. After a more than two year courtship, most of which time I was in China with my fianc¨¦, we successfully obtained the K1 and K2 visa's for her and her only son to come to the USA. They arrived here in October of 2008, and we were married on Thanksgiving Day in the presence of my family. They were happy to be here, and become part of an American family and join in the American life. My stepson, Tianyu, enrolled very quickly in the UWM ESL program, and was awarded an "Outstanding Student" award. He has done volunteer work in the community, and been working as a cleaner at the Bradley Center and Miller park. He is well liked, and a good worker. He has scored very well on both the TOEFL and the ACT, and has been tentatively accepted to MSOE once he gets his green card. We filed for the Adjustment of Status in December of 2008, requesting expedition due to age out potential. In spite of this, our interview was not until June 4th. We followed up with Info Pass appointments with the USCIS, and were told in the Milwaukee office, as well as from the 800 number help line, that we would be OK, since the I-485 was filed before Tianyu's 21st birthday. Even at the interview we were told that his age was: ¡°Not a problem¡±. My wife received her approval and green card within days, but we heard nothing regarding Tim. After waiting the 60 days they insist on, we again scheduled an Info Pass appointment to find out what was going on. 10 days later, we received the denial letter, based on the fact that Tianyu was already 21 at the time of the decision, and no longer a "child". This has been a huge blow to my family, an absolutely crushing disappointment to my stepson. He was very excited about attending MSOE this fall, and optimistic about his future. Tianyu is my wife¡¯s only child. She has raised him herself for the past 16 years, and taught him how to be honest, and work hard. We have letters from his teachers at UWM, supervisor at Miller Park, and the River Revitalization Foundation. These are people that believe in him, and support his goal of living and working here, while continuing his education. Tianyu would be an ideal immigrant, smart, hard working, and obeys the law. Prior to 1986, children of fianc¨¦ immigrants were granted status automatically following the marriage of their parent to a US citizen. The Immigration and Marriage Fraud Amendments inadvertently created this potential age out condition. It has been interpreted differently across the country and over time. We were hopeful, based on our conversations at the Milwaukee office that our application would go smoothly. Unfortunately, it did not, and we could use your help. In the decision for ¡°Verokvin v Still¡±, US District Judge Claudia Wilkin wrote on Dec 21, 2007: ¡°Nothing in the legislative history of the IMFA suggests that Congress intended to eliminate the availability of permanent residence for K-2 visa holders between ages of eighteen and twenty-one. Indeed, such an interpretation would render the K-2 visa meaningless for these children.¡± She further adds: ¡°Because USCIS applied the wrong statute in denying Plaintiff¡¯s application, its decision was arbitrary and capricious, and is subject to remand in any event.¡± In the Grushin case, Immigration Judge Michael H. Bennett wrote on Nov 5, 2008: ¡°Respondent should not be denied the ability to adjust his status in accord with the benefit Congress conferred upon him through the K visa category simply because he happened to turn twenty-one years of age while his mother¡¯s application to adjust her status was pending with USCIS. To find otherwise would render the K-2 visa issued to Respondent meaningless¡±. In spite of these rulings, the USCIS seems intent on expanding on the less friendly interpretation of the K2 Visa Age Out Issue. There is currently ¡°Reuniting Families Act¡± legislation in process in both the House and Senate. I am sure you are familiar with this issue, and am most likely already a supporter. I ask that you give this issue your full attention. In addition, my wife and stepson are both highly intelligent and interesting people, wanting to learn more about our government and its workings. It would be truly wonderful if we could meet with you, or a member of your staff to discuss our situation. Thank you for your time and attention, ............................

I believe the US law for K2 applicants for green card changed in 2012. This change in law enabled K2 applicants who entered the US before their 21st birthday, but who turned 21 before adjusting status to get their green card. The law held that the K2 applicant's age was considered "frozen" as of the date of entry to the US. I'm trying to find specific law regarding this issue from a government website or posting. Anyone here familiar with it?

My son and I entered USA via K visas in 2014. a month later i married my husband and then he filed AOS for us .But up to today we both haven't got green card. what's worse , my son is over 21 now .we fear he will be denied because of age out. please contact me if you know how to help or if you have had the same experience. Thanks !

So Ai is now a citizen and she wants to give her children and grandchildren the same opportunity. We need separate I-130s for each family group. We will need all of the birth certificates, marriage certificates, divorce decrees, and recent photos. But puzzled about the I-864. Do we submit now or when visa numbers become available in 10 to 12 years? Anyone been through this? We have two children and their spouses with three grandchildren.

I just realized my step-son turns 21 this coming May. I was planning to file the I-130 in a few weeks for my wife only. He is half-way through his third year of university studies. We were not planning to include him right now for the purposes of immigration; we were planning on just getting my wife her green card. So, now I am faced with a situation. Do I have to include my step-son in the process? Or can he be left, as originally planned, in China, to finish his studies?

Well...wife's daughter has her visa in hand!!!! I seriously never thought this would happen. Here's the question. On the visa it has IV Category as F22. Tried to find what this meant and all I can find is that it's basically an F2A applicant that got their visa. Anyone know what this means specifically? CSPA as we saw, did come into play. So many people, even experts (lawyers/congressional reps) said sorry there was no way it was going to help and that she'd be switched to the F2B. Her Priority Date was Dec. 6, 2010, her 21st bd was 1/16/2011 and when she went for the interview she had just turned 24. Documentation and staying on top of the situation (and the government process) was key in this case. Plus, all of you guys helped soooooo much. So our prayers were answered! THANK YOU GOD!!! and THANK YOU Candle for Love!! And also, persistance does pay off sometimes, even though at times it seems the barracades the government put in front of us are insurmountable. Remember...Jjí de sko!! Have a great day! Rosie and Ashley and Marc

YEHAAAA!!!! As all of you know, it's been a long and stressful road for us to get my wife's daughter her visa. Had the K2 but because of our attorney's misrepresentation, that opportunity was lost. So went through the whole Immigration visa deal. The Child Status Protection Act (CSPA) did come into play, which I was betting there was no way as so many people said it wouldn't, and they gave her the visa!!!! Said because of the problems with the crash of their system it would be sent to her in about 2 weeks. So persistance and hope and prayer does help, even though at some times we've been wanting to just throw up our arms in defeat. Just wanted to thank everyone on here that put up with all my questions. You all for sure helped a ton and we "THANK YOU!" for that. To finish up, all I can say is that if you're presistant and keep at it, even though it seems the system is flawed with huge delays and problems, it is possible for good things to come out of all of it if you hang in there. Have a great day and GOD BLESS!! Rosie, Ashley and Marc

I've talked to RandyW a little about filing for fiance visa while living in China. My fiance's daughter turned 20 last month and we would like to bring her to the US with us. Because she is a potential age-out, I have been told that it may be possible to succeed using a fiance visa and making the application "RUSH POTENTIAL AGE-OUT." It's important to file now to allow enough time to get all approvals and complete the interview so that her daughter can enter the US before her 21st birthday. I am not sure however about whether there is a requirement to be living in the US for the initial filing of the I129F. Does anyone know specifically whether it's okay to show my current address in China on the first forms, and then later, after the petition is approved to move back to the US to establish residency?

My wife is worrying about the I-130 we're going through for her daughter. The letter we just received from USCIS says her visa has been approved and that all papers will be sent to NVC and then the appropriate consulate in China. My wife believes she has not been approved, but in fact it's up to NVC after they review the papers and that even Guangzhou could deny it. I guess I believe what the 797 we got says, and that is that she has been approved for the visa and now it's just everyone else crossing the t's and dotting the i's. Any experience with this would be appreciated. Marc

My wife has her green card. Daughter had a K2 but due to our attorney screwing up big time that path is closed for her to come here. We were forced to go ahead and file the I-130. Both are Chinese nationals. She was 20 at the time. Now she's older. But here's the question. I've been trying about everything to see if there's a way so that her daughter can come over here to study. She's now in London studying but has always wanted to come here to study. Can we recind the I-130 and file for the F1? Or will she always be tagged now that she 'wants to immigrate' and would not be allowed the F1. Basically what happened was our attorney told us that she could visit with the K2, go back to London, when the biometrics and interview were needed, she could come back. Of course that wasn't true. Any help would be appreciated. Thanks, Rosie and Marc

Hey Everyone! Well sort of good news from the US Government. I've been told that the Child Protection law won't help us in bringing my wife's daughter over here. She's now 20 and will turn 21 1/16/2012. Was told yesterday that's not true. If the I-130 is filed before she turns, she'll be deemed 20 when her visa is issued, which they told me for an F2A, which is what she is now, is a little over 2 years. They will subtract the time it takes to process the visa from her age when they approve it. So basically however long it takes to process her visa request, that amount of time will be subtracted from her age at that point. So when you file is the most important thing. File before they turn 21 and the F2A applies. Cool. And no 8 year wait.

Hi Everyone, Hope all is going well for all of you. Our lives recently got a lot less stressful with the approval of Rosie's GC. Here's what I want to do now. Rosie's daughter is soon to be 21 (January 2012). We want to file the I-130 in the next week. But I'm just looking for answers on a few things and the amount of knowledge in this forum seems to far surpass what my attorney has in such things. As some of you might know, she had the K2 visa and our attorney suggested it would be OK for her to come to the US to visit and then go back to England and just await the 485 process there. Coming back then to do biometrics, etc. Of course sooooo wrong. But that is past and now we must do the best we can to try to help her come over here. I know they say there's an 8 year wait for a visa after she turns 21. I assume the Child Protection Law doesn't help if she ages out so quickly after the 130 is filed? How about the K3/K4 process? If Rosie got her citizenship would her daughter be allowed to come to the US more quickly? How long after the 10 year GC is issued can you go for naturalization? And after Rosie would become a citizen does things change for her daughter in how quickly she could get over here? I just want to do the very best thing we can do to try to help her daughter come over here and realize her dream of living here and studying here. Also, does it do us any good to file the 130 if we would be looking at Rosie becoming a citizen and then filing for her daughter? I know there's a lot of questions here, but we just want to do what's best. Hope you guys can help. we greatly appreciate any direction you can give us. Thanks so much and have a great day!!! Rosie and Marc

Quick question that could have a long answer. My wife is in the process of getting her green card. They're saying about 5 months to process this. Also, we want to bring her daughter here also, but time is an issue. She turns 21 on January 16, 2012. She is currently in London studying. My attorney says that once my wife has her green card confirmation that she can then apply for the I-130 for her daughter. I can not because she is over 18 years old. My attorney says that once the application is filed that her age is frozen, making it possible that if it takes longer than we want, even though she turns 21 her age is frozen at the point of the I-130 being filed. Which then allows the process to continue in a timely manner (hopefully 5-6 month to completion). Otherwise, it still allows for her to apply for her after she turns 21, but then how long are we looking at then? With the wealth of knowledge all you guys have, could you give us some suggestions or information or directions on how we might be able to 'guarantee' all of this happens for her daughter too. Our attorney is pretty good, but there's been a few things he's missed that we caught. So we are just wanting to make sure. One more thing. My wife didn't change her name after our wedding because her father requested that she did not. Will this cause problems with her getting her green card? Thanks!! Have a great day!!! Marc and Rosie

If some of you've been following, lawyer messed up our app. I need to call USCIS tomorrow (per USCIS employee suggestion...30 days and no action) and see where we are at. But as I read everything I have a question. Rosie legally doesn't have a visa. The K1 expired (Feb 19) 90 days after she entered the U.S. Is she still able to go forward with the I-485? On the 485 the attorney typed in OVERSTAY as the status of her visa. Your thoughts? Sorry I ask so many questions. I just need to make sure I do everything right after he botched it the first time. Additionally, does someone have a link of a site that shows us exactly what we need to do to file the I-130 for her unmarried daughter that's 20 years old? What papers do we need to send in for that when we can send them in. We are going to do this all on our own. No more attorneys.

Here is AILA's amicus brief in the Qiyu ZHANG matter before the Board of Immigration Appeals. http://www.aila.org/content/default.aspx?docid=30587 Like the issue of K4's, I think it's reasonable for a court to construe the intent of Congress as allowing age-outs to adjust status.

We just received the letter today from USCIS stating that my step-son had been denied his AOS due to age out. We filed the I-485 in December, 2008, and had the interview on June 5th 2009. His mother was approved the next week, but we received no response on her son until today. They are saying he has 30 days to leave the country and there is no appeal. We had been told previously, both here in Milwaukee, and at the National 800# that there was no age out risk, since the I-485 was filed prior to his 21st birthday. I know others have been through this. I had previously bookmarked the article on ageout: http://www.asianjournal.com/pdf/PDF/2008_N...Y_sec2p%206.pdf I have sent this article together with the USCIS correspondence and the I-485 to a general purpose lawyer at Pre-Paid Legal. Any further suggestions, or experiences to share?

Dannies sister married a USC while we were in China recently. She has a son who will be 21 next feb. Can he file the 130 for him now given the timelines? I looked at the immigration site but not sure what the repercussions are if he is over 21 before the interview. Thanks Mark

http://www.visajourney.com/forums/index.php?showtopic=39290

My I-129F is in progress (I hope). My SO has a 20 year old son she wants to include in the Visa process. When does the K2 process begin? Once the I-129F is approved? Is there something I can be doing now to expedite this process? Thanks in advance for your comments.

After successfully bringing my wife here on a K3, we plan on bringing my wife's daughter here on a K4. The VO at the consulate in Guangzhou readied a P3 for my wife to mail in approximately 3 months before we wish the daughter to go for her interview and get said K4. In researching this, I have discovered that an I-130 need not be completed for the daughter to receive a K4......but once she arrives in the US, she must complete an AOS to gain permanent residence status. I had to research this because we had previously been told by the American Embassy in Beijing that her daughter could not come because she had attained the age of 18 prior to our marriage. I have the I-130 application in hand and it also states that if the beneficiary is a step child of the petitioner and had her 18th birthday prior to the marriage between her mother and myself, she is not eligiable to be filed for. Is this a "Catch 22" or what? We can get her here on a K4, up to the age of 21......but how do we successfully file an I-130 for her? Stumpped.....with my head stuck in the honey jar, PapaBear