Help with bringing wife's daughter to USA

[MarcRosie]

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

[dnoblett]

Firstly K-3/K-4 only applies in cases where a US Citizen petitioner files petitions for a Spouse and Step child and step child would only qualify to adjust status if marriage took place prior to the step-child turning age 18. Also K-3/K-4 tends to get administratively closed by NVC when the Spouse's I-130 is approved before petitions get sent to NVC. Simply put K-3/K-4 is NOT an option in your case.

 

Your wife can file that I-130 now, and if anything changes during the process, Spouse naturalizes, or daughter gets married the wait time will change due to class change. Note, if daughter marries prior to mother becoming a US citizen, this tends to disqualify the pending petition.

 

Here are the current timings, bulletin shows assigning visa numbers to petitions filed:

 

 

• F2B (Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents) 01AUG03
• F1 (Unmarried Sons and Daughters of U.S. Citizens) 22JUL04
• F3 (Married Sons and Daughters of U.S. Citizens) 22SEP01

 

 

http://travel.state.gov/visa/bulletin/bulletin_1360.html

 

No matter how you slice it, it will take years to get a visa number. I would be cursing that lawyer all that time.

 

Only other route would be if she could somehow get accepted to a university or college in the states, then perhaps find work, or love and immigrate that way.

 

 

 

 

 

[warpedbored]

If you had time to file a follow to join petition and she could interview and get the visa before she turns 21 you would have a shot. I don't think the 18 year old rule Dan mentioned applies in this case since your wife came here on a K-1. K2 has until they turn 21. Someone will correct me if I'm wrong but I believe you have until the child turns 21 to file and receive a visa. It may go faster since she had a K-2 before and cases in England tend to interview much faster than China. Since your step daughter is in England I assume she would interview there.. Your lawyer screwed up because a K-1/K-2 is a single entry visa. If she would have come on a K-3/K4 or CR-1 visa she could come and go as she pleases.

[mikeymark]

Firstly K-3/K-4 only applies in cases where a US Citizen petitioner files petitions for a Spouse and Step child and step child would only qualify to adjust status if marriage took place prior to the step-child turning age 18. Also K-3/K-4 tends to get administratively closed by NVC when the Spouse's I-130 is approved before petitions get sent to NVC. Simply put K-3/K-4 is NOT an option in your case.

 

Your wife can file that I-130 now, and if anything changes during the process, Spouse naturalizes, or daughter gets married the wait time will change due to class change. Note, if daughter marries prior to mother becoming a US citizen, this tends to disqualify the pending petition.

 

Here are the current timings, bulletin shows assigning visa numbers to petitions filed:

 

 

• F2B (Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents) 01AUG03
• F1 (Unmarried Sons and Daughters of U.S. Citizens) 22JUL04
• F3 (Married Sons and Daughters of U.S. Citizens) 22SEP01

 

 

http://travel.state.gov/visa/bulletin/bulletin_1360.html

 

No matter how you slice it, it will take years to get a visa number. I would be cursing that lawyer all that time.

 

Only other route would be if she could somehow get accepted to a university or college in the states, then perhaps find work, or love and immigrate that way.

 

If my wife files an I-130 form and next year has her 23 year old daughter apply for a B-2 visa for a 2 week visit, will the I-130 filing have a negative impact on the B-2 process? I am aware that the B-2 visa is extremely difficult to get since her mother is a permanent resident here.

[dnoblett]

If you had time to file a follow to join petition and she could interview and get the visa before she turns 21 you would have a shot. I don't think the 18 year old rule Dan mentioned applies in this case since your wife came here on a K-1. K2 has until they turn 21. Someone will correct me if I'm wrong but I believe you have until the child turns 21 to file and receive a visa. It may go faster since she had a K-2 before and cases in England tend to interview much faster than China. Since your step daughter is in England I assume she would interview there.. Your lawyer screwed up because a K-1/K-2 is a single entry visa. If she would have come on a K-3/K4 or CR-1 visa she could come and go as she pleases.

The only dilemma is how to get a second K-2 visa, and when was the original K-1 issued, usually a FTJ K-2 has to be issued within 1 year of the related K-1.

 

Here is what I would do, contact Marc Ellis, and explain exactly what the situation and see if he has any advice as to exactly what to do.

 

http://www.marcellislaw.com/

 

As for the age 18 thing, IF through some MIRACLE can get a new K-2 or the first K-2 re-issued then it is a possibility to adjust status based on parent's marriage on the K-1. If cannot get a new K-2, the the age 18 rule should apply when filing an I-130.

[warpedbored]

As I recall C4racer filed a follow to join petition for his wife's son a couple of years after she got here and although the child decided he didn't want to come here and they abandoned the petition they were well on their way.

 

Mikeymark your case is like any other visitor visa petition. You must prove strong ties to China. Having an I-130 in the works shows immigrant intent. Unless you can show without a doubt that she will return to China to wait for the I-130 to run it's course she will be denied. IMO her chances are slim to none.

[mikeymark]

As I recall C4racer filed a follow to join petition for his wife's son a couple of years after she got here and although the child decided he didn't want to come here and they abandoned the petition they were well on their way.

 

Mikeymark your case is like any other visitor visa petition. You must prove strong ties to China. Having an I-130 in the works shows immigrant intent. Unless you can show without a doubt that she will return to China to wait for the I-130 to run it's course she will be denied. IMO her chances are slim to none.

 

Thanks for your response. That's kinda what I thought.

[Randy W]

As I recall C4racer filed a follow to join petition for his wife's son a couple of years after she got here and although the child decided he didn't want to come here and they abandoned the petition they were well on their way.

 

Mikeymark your case is like any other visitor visa petition. You must prove strong ties to China. Having an I-130 in the works shows immigrant intent. Unless you can show without a doubt that she will return to China to wait for the I-130 to run it's course she will be denied. IMO her chances are slim to none.

 

 

Check his timeline here - http://candleforlove.com/forums/index.php?/topic/24403-vaccination-supplement/page__view__findpost__p__297177 - it was NOT a follow to join, but an I-130

 

an I-130 can be filed for a step-child IF that step-child was under 18 at the time of marriage. In this case, the mother can file the I-130 for her child, but it must wait for an available visa number since she is not an American citizen - this wait time is NOT protected by the CSPA.

Edited November 15, 2011 by Randy W (see edit history)

[MarcRosie]

Thanks for all the replies. But I guess I'm just an everlasting optimist that there is something other than just plain old procedure to resolve the injustice that we had concerning my wife's daughter's K2 and poor direction given by our former attorney. We did not make the mistake that caused this to happen. We just followed the directions of a licensed attorney that was supposed to be an expert in these matters. It seems to me that there would be some compassion somewhere in the American system that allows for situations like this to be resolved reasonably. Not just cut and dried because it's written in some book and 99% of all government workers just read what's in front of them if you ask them what can be done. This is why I asked here. Though maybe someone here had had similar things happened and gone beyond what the 'system' says it alows and as successful in resolving an issue such as this. Sorry. Just unwilling to give up and just send the 130 and wait for 8 years because we trusted our attorney. There has to be something that allows this to have a happy ending...soon...and not in 8 years. Guess I'll start sending letters to congressmen, senators, Obama. There has to be a way. Thanks for your help! Have a great Thanksgiving.

[dnoblett]

Marc, As I said before, this is one thing I would do is to contact Marc Ellis and get some solid advice, yes writing your congress persons is a start, but using a lawyer that truly has a strong reputation in immigrations matters may be the best thing to do.

 

He may advise you to contact your congress person, or may also have dealt with similar situations, he may also no how to document your former lawyers incompetence, and at least get that lawyer a reprimand.

[Randy W]

Thanks for all the replies. But I guess I'm just an everlasting optimist that there is something other than just plain old procedure to resolve the injustice that we had concerning my wife's daughter's K2 and poor direction given by our former attorney. We did not make the mistake that caused this to happen. We just followed the directions of a licensed attorney that was supposed to be an expert in these matters. It seems to me that there would be some compassion somewhere in the American system that allows for situations like this to be resolved reasonably. Not just cut and dried because it's written in some book and 99% of all government workers just read what's in front of them if you ask them what can be done. This is why I asked here. Though maybe someone here had had similar things happened and gone beyond what the 'system' says it alows and as successful in resolving an issue such as this. Sorry. Just unwilling to give up and just send the 130 and wait for 8 years because we trusted our attorney. There has to be something that allows this to have a happy ending...soon...and not in 8 years. Guess I'll start sending letters to congressmen, senators, Obama. There has to be a way. Thanks for your help! Have a great Thanksgiving.

 

 

Your only recourse is to sue your lawyer. YOU are ultimately responsible for anything done on your behalf.

 

Hiring a bad lawyer does not provide a means to circumvent the law.

[credzba]

Marc,

 

We have a friend who brought her 20 year old daughter here, and it may have been the worst thing she could have done to her daughter.

I realize everyone's circumstances are different, but you might not have thought of these point.

 

 

The 20 year old in China is normally in college, or working, either way building network of contacts that can help them succeed in life. More than in America, relationships in China determine how well you will advance in career. When you move her to America, you destroy every connection in her life, and she has to start over in a foreign country, with a foreign language.

 

Near 25, a woman is expected to marry, but if she moves to America at 21, who will she meet and be able to develop a relationship with. The lack of English language ability limits their job potential to only low paying jobs, and the colleagues they meet there are not the best candidates for a young woman's future. The language barrier limits her opportunities to enter the university, so where else can a young girl meet a potential partner? Bars, church? you don't find a lot of 20-something single Chinese speakers there.

 

Finally there is a reasonably good chance that had she stayed in China, she would have a good education/career/network, and could settle down with a husband and family and good job.

There are certainly MANY reasons to come to America, but in my opinion the 21 year old rule helps these young people avoid a dead end in their development.

Edited November 20, 2011 by credzba (see edit history)

[dnoblett]

Marc,

 

We have a friend who brought her 20 year old daughter here, and it may have been the worst thing she could have done to her daughter.

I realize everyone's circumstances are different, but you might not have thought of these point.

 

 

The 20 year old in China is normally in college, or working, either way building network of contacts that can help them succeed in life. More than in America, relationships in China determine how well you will advance in career. When you move her to America, you destroy every connection in her life, and she has to start over in a foreign country, with a foreign language.

 

Near 25, a woman is expected to marry, but if she moves to America at 21, who will she meet and be able to develop a relationship with. The lack of English language ability limits their job potential to only low paying jobs, and the colleagues they meet there are not the best candidates for a young woman's future. The language barrier limits her opportunities to enter the university, so where else can a young girl meet a potential partner? Bars, church? you don't find a lot of 20-something single Chinese speakers there.

 

Finally there is a reasonably good chance that had she stayed in China, she would have a good education/career/network, and could settle down with a husband and family and good job.

There are certainly MANY reasons to come to America, but in my opinion the 21 year old rule helps these young people avoid a dead end in their development.

In Marc and Rosie's case step daughter is currently attending college in the UK, so English must not be a problem for her, where their lawyer screwed the pooch was advising them it would be OK for daughter to return to the UK while adjusting status from K-2 to permanent resident.

 

I would suspect in this case daughter would have been fine with College in the USA with employment and life in the USA after college.

[credzba]

Marc,

 

We have a friend who brought her 20 year old daughter here, and it may have been the worst thing she could have done to her daughter.

I realize everyone's circumstances are different, but you might not have thought of these point.

 

 

The 20 year old in China is normally in college, or working, either way building network of contacts that can help them succeed in life. More than in America, relationships in China determine how well you will advance in career. When you move her to America, you destroy every connection in her life, and she has to start over in a foreign country, with a foreign language.

 

Near 25, a woman is expected to marry, but if she moves to America at 21, who will she meet and be able to develop a relationship with. The lack of English language ability limits their job potential to only low paying jobs, and the colleagues they meet there are not the best candidates for a young woman's future. The language barrier limits her opportunities to enter the university, so where else can a young girl meet a potential partner? Bars, church? you don't find a lot of 20-something single Chinese speakers there.

 

Finally there is a reasonably good chance that had she stayed in China, she would have a good education/career/network, and could settle down with a husband and family and good job.

There are certainly MANY reasons to come to America, but in my opinion the 21 year old rule helps these young people avoid a dead end in their development.

In Marc and Rosie's case step daughter is currently attending college in the UK, so English must not be a problem for her, where their lawyer screwed the pooch was advising them it would be OK for daughter to return to the UK while adjusting status from K-2 to permanent resident.

 

I would suspect in this case daughter would have been fine with College in the USA with employment and life in the USA after college.

 

I see, I didn't remember the specifics for the lawyer mess up.

In that case, she MAY find a nice British boy and settle in the UK

 

If she is talented enough to get accepted in UK, I bet she can get accepted in USA for an advanced degree.

 

It really hurts to see such a horrid mistake made by a lawyer, he really should be barred from practicing immigration law.

Still I am sure no amount of complaining will change the law. If they did, the courts would be filled with complaints against lawyers, founded or not to remedy immigration issues.

[MarcRosie]

"YOU are ultimately responsible for anything done on your behalf."

 

I must be nieve then because it sure seems like there have been countless situations where an attorney has made a mistake and the outcome reversed because of it. This country is supposed to be based on good people trying to help other good people. Compassion. Doing what is right. Not just the law. Many laws were written a hundred years ago and they had no idea how things would change. So those laws may not apply in these times. Sorry. I'm babbling. But this type of thought i.e. "what's done is done" is why things DON'T change. Make waves. Question. Force people to do what's right. After all, it is OUR country and we ARE the bosses. I know. Dream on.

 

As for Rosie's daughter ruining her life coming to America? You can say what you think, but such things as you suggest don't happen to all people. Look at all the ridiculously successful, happy people that have immigrated to America. And a huge percentage of the most successful are from Asia. And if we all thought like you suggest, America would never have been. All people would have just stayed in Europe and there would still be vast herds of buffalo roaming this land with the native people living their lives just as they had for thousands of years. Because if they left their home land and their culture, they would be doomed. I guess that was proven wrong.

 

People do what they feel is best for themselves and their families for the most part. And help each other overcome situations like this as best we can and build our lives around what we believe in. This is what we are trying to do for Ashley.

 

And I have contacted Marc Ellis. We are conversing via emails at this time. Thanks!

 

All of you have a great Thanksgiving! God bless you all.

 

Rosie and Marc