Received I-130 & I-485 approval for Daughter

[danielbro]

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

[dnoblett]

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.

[Randy W]

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!

[danielbro]

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

[danielbro]

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

[dnoblett]

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

Yep, K-2 can adjust status based on K-2, NOT based on an I-130.

 

when researching your prior post I came across some references to the fact tha USCIS may be doing some adjustments to K-4 to bring it in line with K-2 as to adjustment of status.

[Randy W]

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)

Edited December 18, 2008 by Randy W (see edit history)

[danielbro]

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

[Randy W]

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

 

 

We have two Dan's here - sorry for the confusion. I think you squeaked by - no laws have changed.

 

Keep your fingers crossed.