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Filing I-130 for my daughter

Filing I-130 for my daughter

Old Nov 22nd 2009, 3:52 pm
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Default Filing I-130 for my daughter

I am (hopefully) going to be getting approved for a CR1 in a few weeks, then trying to fly out for 2 days within a week of that. (See other long winded posts of mine for exciting details!)

So if all goes well, I want to file an I-130 for my daughter ASAP.

I am already aware that it will take several years to get her over, but want to start it all before she turns 21 (July 2009). I have sadly accepted that we may now be separated for a while, unless a miracle occurs.

My questions are:

Is the Alien registration number on the greencard? I was thinking of leaving the forms with my Husband, who can then fill in those details and mail when it arrives.(hopefully within a few weeks)

Is it likely to be an issue that I will be out of US (not longer than 3 months in a row) from when I 'activate' the CR1 and file the I-130?

I am still a little confused as to the CSPA and ageing out, and will probably need lots of help further up the line with that too.

Any other things I should consider, or that I have got wrong?

Off to see the new Twilight film with daughter right now...us and a cinema full of swooning 14 year old girls, haha!

Thanks again...


Merz

Last edited by merz; Nov 22nd 2009 at 4:04 pm.
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Old Nov 22nd 2009, 4:17 pm
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Default Re: Filing I-130 for my daughter

How old is your daughter? How old was she when you got married? She is already 21? You may have other options that can bring her here faster.

(If she was under 18 when you married, then your US citizen spouse should file for her. If she was over 18 but under 21 when expected to marry, then you should have used a K1/K2...)

Originally Posted by merz View Post
I am (hopefully) going to be getting approved for a CR1 in a few weeks, then trying to fly out for 2 days within a week of that. (See other long winded posts of mine for exciting details!)

So if all goes well, I want to file an I-130 for my daughter ASAP.

I am already aware that it will take several years to get her over, but want to start it all before she turns 21 (July 2009). I have sadly accepted that we may now be separated for a while, unless a miracle occurs.

My questions are:

Is the Alien registration number on the greencard? I was thinking of leaving the forms with my Husband, who can then fill in those details and mail when it arrives.(hopefully within a few weeks)

Is it likely to be an issue that I will be out of US (not longer than 3 months in a row) from when I 'activate' the CR1 and file the I-130?

I am still a little confused as to the CSPA and ageing out, and will probably need lots of help further up the line with that too.

Any other things I should consider, or that I have got wrong?

Off to see the new Twilight film with daughter right now...us and a cinema full of swooning 14 year old girls, haha!

Thanks again...


Merz

Last edited by dreamercon; Nov 22nd 2009 at 4:40 pm.
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Old Nov 22nd 2009, 4:20 pm
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Default Re: Filing I-130 for my daughter

Originally Posted by dreamercon View Post
How old is your daughter? How old was she when you got married? She is already 21? You may have other options that can bring her here faster.

Sorry, she will be 21 in July 2010 not 2009.

We married after she turned 18 unfortunately....
Would love other options

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Old Nov 22nd 2009, 4:22 pm
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Default Re: Filing I-130 for my daughter

Like i said, what you should have done is either come to the US on a K1 visa and then get married, or come to the US with her as a K3/K4 and then adjust status - though I am not certain if the second option would work.

A good lawyer should have told you about these options - did you use one?

Originally Posted by merz View Post
Sorry, she will be 21 in July 2010 not 2009.

We married after she turned 18 unfortunately....
Would love other options

Merz

Last edited by dreamercon; Nov 22nd 2009 at 4:39 pm.
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Old Nov 22nd 2009, 4:34 pm
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Default Re: Filing I-130 for my daughter

Originally Posted by dreamercon View Post
How old is your daughter? How old was she when you got married? She is already 21? You may have other options that can bring her here faster.

(If she was under 18 when you married, then your US citizen spouse should file for her. If she was over 18 but under 21 when you married, then you should have used a K3/K4 to immigrate with her to the US - or come with a fiance visa and get married.)
We looked into the K3/K4, I can't remember exactly why we didn't do it, I think it was someting about the timing..
Daughter is in her last year of Uni, we are going to start looking into any affordable ways to have her near us.
I am also worried that a decision on any other visa applications (student) may be affected because of the fact I have filed I-130 for her.

We did use two lawyers who gave us lots of wrong advice, we then started to investigate things ourselves, and get some good advice on here.

I have regrets but trying to make the most of the situation now.


Thanks again
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Old Nov 22nd 2009, 4:39 pm
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Default Re: Filing I-130 for my daughter

I am not certain that the K3/K4 could have benefitted you, I have seen conflicting opinions and I am checking at the statute - but definitely if you had come with a K-1 you would have been able to bring with you any children under 21. See http://www.uscis.gov/files/pressrele...atus031507.pdf

The benefit of filing for your daughter an I-130 now before she turns 21 is that you may be able to use the CSPA - but in any case I don't see her being able to immigrate for a long time.


Originally Posted by merz View Post
We looked into the K3/K4, I can't remember exactly why we didn't do it, I think it was someting about the timing..
Daughter is in her last year of Uni, we are going to start looking into any affordable ways to have her near us.
I am also worried that a decision on any other visa applications (student) may be affected because of the fact I have filed I-130 for her.

We did use two lawyers who gave us lots of wrong advice, we then started to investigate things ourselves, and get some good advice on here.

I have regrets but trying to make the most of the situation now.


Thanks again
Merz

Last edited by dreamercon; Nov 22nd 2009 at 5:23 pm.
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Old Nov 22nd 2009, 8:26 pm
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Default Re: Filing I-130 for my daughter

Originally Posted by dreamercon View Post
I am not certain that the K3/K4 could have benefitted you, I have seen conflicting opinions and I am checking at the statute - but definitely if you had come with a K-1 you would have been able to bring with you any children under 21. See http://www.uscis.gov/files/pressrele...atus031507.pdf

The benefit of filing for your daughter an I-130 now before she turns 21 is that you may be able to use the CSPA - but in any case I don't see her being able to immigrate for a long time.
Hi:

There was one case on purported aged out K-4's which went against the government. DHS has publicly acquiesced in the case nationwide.
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Old Nov 22nd 2009, 8:49 pm
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Default Re: Filing I-130 for my daughter

Interesting, it would be great if you could provide a link or a name of the relevant case. I searched but could not find anything convincing so far.

When you mention aged out K-4's are you referring to K-4's that passed the age of 21 or K-4's that were over 18 when the marriage occurred?

I am not sure if i understand this correctly, but it appears that stepchildren that were over 18 when the marriage occurred but are under 21 are eligible for a K-4, but to adjust status from a K-4 requires an approved I-130 from the step-parent which they are not eligible for - which doesn't make any sense.
(Whereas for a K-1/K-2 no I-130 is needed, and this problem doesn't exist)



Originally Posted by Folinskyinla View Post
Hi:

There was one case on purported aged out K-4's which went against the government. DHS has publicly acquiesced in the case nationwide.

Last edited by dreamercon; Nov 22nd 2009 at 8:54 pm.
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Old Nov 22nd 2009, 8:59 pm
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Default Re: Filing I-130 for my daughter

Thanks for the replies.....
I vaguely remember that the K4 could be hit or miss, and she was starting Uni at that time also, and was unsure what she wanted to do, we took bad advice, and did not research as much as we should have.

I would have liked to offer her the option to come with me, but I don't believe I can now, so I'm trying to go forward and not dwell on the things I should have done.

I imagine it is too late to go another route at this stage, any thoughts if a student visa is likely to be denied if I file for her soon?

I do not want to not mess up again, it's heartbreaking enough as it is.

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Old Nov 22nd 2009, 9:10 pm
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Default Re: Filing I-130 for my daughter

If a K3/K4 can lead to an adjustment for her, and I am unsure to be honest, then you may still have time to abandon your current application, file for a K3/K4 and have her come here with a K4 before she turns 21 next year - but all this is probably beyond the scope of this forum and needs expert advise.

Originally Posted by merz View Post
Thanks for the replies.....
I vaguely remember that the K4 could be hit or miss, and she was starting Uni at that time also, and was unsure what she wanted to do, we took bad advice, and did not research as much as we should have.

I would have liked to offer her the option to come with me, but I don't believe I can now, so I'm trying to go forward and not dwell on the things I should have done.

I imagine it is too late to go another route at this stage, any thoughts if a student visa is likely to be denied if I file for her soon?

I do not want to not mess up again, it's heartbreaking enough as it is.

Merz
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Old Nov 22nd 2009, 9:29 pm
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Default Re: Filing I-130 for my daughter

Originally Posted by dreamercon View Post
... what you should have done is...
What she *should* have done is pretty much irrelevant, don't you think? Perhaps you'd like to offer a suggestion as to what she can do in the here and now.

Merz - you can file the I-130 the day you enter the US and become a PR. There is no waiting time required.

Ian
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Old Nov 22nd 2009, 9:35 pm
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Default Re: Filing I-130 for my daughter

Given that this is a public forum to educate others, it's definitely helpful to know what one should have done.

Even if it's not helpful to know what one should have done, your post on my post being irrelevant is at least equally if not more irrelevant to the OP's question.

Originally Posted by ian-mstm View Post
What she *should* have done is pretty much irrelevant, don't you think? Perhaps you'd like to offer a suggestion as to what she can do in the here and now.

Merz - you can file the I-130 the day you enter the US and become a PR. There is no waiting time required.

Ian

Last edited by dreamercon; Nov 22nd 2009 at 9:41 pm.
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Old Nov 22nd 2009, 9:45 pm
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Default Re: Filing I-130 for my daughter

Originally Posted by ian-mstm View Post
What she *should* have done is pretty much irrelevant, don't you think? Perhaps you'd like to offer a suggestion as to what she can do in the here and now.

Merz - you can file the I-130 the day you enter the US and become a PR. There is no waiting time required.

Ian
Thanks Ian, thats exactly what I needed to know.


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Old Nov 22nd 2009, 9:49 pm
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Default Re: Filing I-130 for my daughter

Originally Posted by dreamercon View Post
Given that this is a public forum to educate others, it's definitely helpful to know what one should have done.

Even if it's not helpful to know what one should have done, your post on my post being irrelevant is at least equally if not more irrelevant to the OP's question.


If it helps someone else it's great, I hate the thought of anyone else going through this.
And all the good advice I got was from all you guys, thank you again.


But it makes me feel even worse knowing that I could have done other things....
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Old Nov 22nd 2009, 11:54 pm
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Default Re: Filing I-130 for my daughter

Originally Posted by dreamercon View Post
Interesting, it would be great if you could provide a link or a name of the relevant case. I searched but could not find anything convincing so far.

When you mention aged out K-4's are you referring to K-4's that passed the age of 21 or K-4's that were over 18 when the marriage occurred?

I am not sure if i understand this correctly, but it appears that stepchildren that were over 18 when the marriage occurred but are under 21 are eligible for a K-4, but to adjust status from a K-4 requires an approved I-130 from the step-parent which they are not eligible for - which doesn't make any sense.
(Whereas for a K-1/K-2 no I-130 is needed, and this problem doesn't exist)
Hi:

My post was tad incomplete -- mea culpa. The case in question applied to V-2 visas, but the logic would be identical for K-4.
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