step-daughter visa denial

[Guest nycswtee]

Hello... everyone.... my 6 years old step-daughter visa was denial for the following reason. 1) need to present the relationship of my marriage. the utillity bills start from the marriage. 2) the father's green card notary. I did resubmitted all the evidence I have to roof my marriage. like pictures, bank statment, mortage, utility bills from the marriage start, life insurance...etc. A letter explaining why I can't get the father's green card notary. It was because he is currenty adjusting the status in US. However, everthing was returned to me. *sigh.

 

Today, I just checking out the website of department of state trying to find something that can help me with my petition. I did find something. However, because my english skills is limit. Can anyone interpret the regulation for me if I am qualify under this waiver. Please read.

 

 

http://travel.state.gov/visa/frvi/ineligib...364.html#Waiver

 

(11) The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of removal, and who is otherwise admissible to the United States as a returning resident under section 211( and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 203(a) (other than paragraph (4) thereof), if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.

 

(12) The Attorney General may, in the discretion of the Attorney General for humanitarian purposes or to assure family unity, waive application of clause (i) of subsection (a)(6)(F)

 

 

PS: My step-daughter is currently living with her 70 years old grandparents and her nature-born mother left her when she was 5. We can't find her now. I have wrote a letter to the consulate a few months ago, so far I didn't got any respond. I am very worry and sad. I don't see any reason that my petition was denial. They shouldn't be question about the father's status in the USA since I am the petitoner.

 

Thank you for all. Your help is appreciate it.

 

Louisa Yam

[Mengxin]

Couple questions...

If your step daughter's natural father is here in the US, why isn't he the sponsor?

I assume his ex-wife (or his daughters mother) had custody and then left her daughter with her parents, after her father already arrived here in the States. That was only 1 year ago. So now you are married to her (the daughter) father and he wants her here with him. So now it's up to the visa center to make a connection between you and your step daughter. This sounds like a very complicated case. There are a lot of questions to be asked. It sounds like there is still some legal issues that need to be resolved as far as child custody is concerned. In a complex case like this one sounds I would definately seek legal advice from an attorney. It sounds to me that there are bigger problems here than the visa center is willing to take responsibility for. This isn't a simple open and closed case, especially without a clear explaination of the reason why you can't even get a notary. Notary's for immigration matters are handled on the State and Federal levels. You can't just go down to the mailboxes ect. and get one. If your husband wants to be with his daughter anytime in the near future, he's probably going to have to "suck it up" and move back.

 

Get some legal advice from an attorney. That's my only advice.