blackg

My 14 years old stepdaughter form I130 is approved, and we have received the Notice of Action Letter. A little background, I am a U.S. citizen, and I live in the US with my wife and stepdaughter. I filed two forms, I130, one for my wife and another one for my stepdaughter. The USCIS denied my wife's application because they did not receive a response to the RFE. I responded to the RFE within one week of receiving the RFE letter. I even have the USPS receipt. I guess I have to refile rather than file a motion to reopen because it cost almost the same amount. My question is, what do I need to do next to complete my step daughter's green card process. The Notice of Action Letter states that they have sent the petition to the U.S. Department of State National Visa Center NVC. Thank you for your time in advance.

S Folinsky

Where is “here?” Are all of you in or out of the US?

blackg

Thank you, Mr. Folinsky. My family and I live permanently in the US.

civilservant

On what basis are you spouse and step-child living in the US? What visa category were they admitted under?

Are these the same family you were seeking a CR1 for back in 2011?

S Folinsky

As the King of Siam would say in the play: “It is a puzzlement.” Much more information is required before anyone can even begin to answer your questions.

SanDiegogirl

How does your family live with you in the US if you have submitted I-130's for them? These are submitted for people who are outside of the US and wishing to emigrate to the US.

S Folinsky

Although you have spotted the apparent question of why OP is taking his course of action, form I-130 is filed for both consular processing and/or stateside adjustment. Again, “it is a puzzlement” or perhaps WTF. There may be a good reason for his course of action, but I’m disinclined to guess.

blackg

The beneficiaries are my immediate relatives. Form I-130 can be filed either when the beneficiary is living outside of the US or when the beneficiary is already living in the US ("Application to Adjust Status" This means that the Form I-485 can be filed together with Form I-130). In this case, I have not filed for form I-485. I should have done that at the same time. Now that the Form I-130 is approved on the basis of an immediate relative of a US citizen, the next step is to file the form I-485.

Noorah101

That still does not explain how your immediate relatives (wife and step daughter) are living permanently in the USA at the moment. What is their current status in the USA? What visa did they use to enter the USA? And how long ago was that?

Rene

scrubbedexpat099

Past posts mention immigrating 9 years ago?

SanDiegogirl

In earlier posts OP was a UK citizen marrying a US citizen in the UK with intentions to move to the US,

Sounds like OP is now a US citizen and divorced from wife of 2010/2011 ?

S Folinsky

Don’t assume a visa or other type of inspection was used. There may have been an entry without inspection (“EWI” in immigrationspeak). Also, applying for entry as an AmCit and then entering is legally considered “without inspection.” (There is a subspecies of “wave through” entries, another topic).

Is a waiver of the unlawful presence bars required?

As I say, a lot of questions before the initial question can be answered.

Perhaps legal consultation is in order.

civilservant

Certainly impossible to answer questions with the extreme paucity of information provided.

OP came back and in no way answered the questions asked, which to me suggests a precarious situation that probably requires Mr F's (or his professions) oft mentioned janitorial skills.

lansbury

That is the only question the OP asked, apart from they live in the US everything else is spurious information in respect of that question. But as usual most go off on a tangent nick picking and not answering the questioned asked.

S Folinsky

As I noted in my first response, without more information, a coherent response cannot be tendered. That is not tangential. I still don't know how to answer the question.