I got my green card but my daughter didn't

M

moonmosaic

Registered Users (C)
So I found out today that i should have filed for my daughter - 8 years of age - separately. I got my green card approved but not my daughter's. The IO recommended that i file for her but then i told him that my daughter would be spending a year abroad leaving next June. He said that it was probably not a good idea for me to file now because she could have problems upon re-entering the US - past 180 days.

My question is, when should i file for her? 3-4 months before she is due to come back? Wait until she is back then file? The IO was suggesting that i wait until she's returned. That would mean she has to come back on a visa waiver. He didn't seem to object to that but isn't that supposed to be fraud? She is coming on a visa waiver to be a permanent citizen? Besides, i used to be on F-1 and she was on F-2. Now I have my green card, what is her situation? Is she out of status? Will she be barred when she leaves the States? The IO took my questions as total nonsense, like I worry about nothing but he won't be at the POE when my daughter returns and I am just concerned.


So I just got a call back from the IO - he checked the situation with someone else, I guess - and he said that it would be best if I applied now since my daughter is out of status right now. So I was right thinking that. So my question is if I apply now and lets say she gets her card in May can i apply for her travel documents after she leaves? The I-131 has several options, and it seems to allow travel documents to be sent outside the US. Also my daughter is under 14 so she would not need fingerprinting.
Is this right?

Has anyone been in this situation?
Any help would be appreciated.
 
Last edited by a moderator:
moonmosaic said:
So I found out today that i should have filed for my daughter - 8 years of age - separately. I got my green card approved but not my daughter's. The IO recommended that i file for her but then i told him that my daughter would be spending a year abroad leaving next June. He said that it was probably not a good idea for me to file now because she could have problems upon re-entering the US - past 180 days.

Has anyone been in this situation?
Any help would be appreciated.
Click to expand...

You mean you filed just one 130 and 485?
 
yes, one for myself. initially i filed 2 x I-130 and my daughter's got rejected so my immigration attorney said i should just wait for mine to come through first.
 
I filed everything for her except for a separate I-485. I didn't realize it was the norm since you list all your dependents on the original I-485. When I got the rejection letters for I-130, I-765 and I-131 under her name I called an attorney. She mentioned filing a separate I-485 so she would be approved or rejected on her own accord, but suggested that I would wait until my case is approved then my daughter would be approved too, having a derivative status. I don't know whether she was suggesting that in case my case is not approved I save myself $1000, however now I have to pay the full fee, having to file for her individually.:(

Has anyone been in this situation? Do I have to refile I-864, affidaviate of support again?

Immigration kept everything relating to her, I guess they were waiting for me to send the missing I-485...:confused:
 
Since her 130 was rejected, if I were you, I'd file with, yes, the 864, too and everything that goes with 130 and 485. Even if USCIS has copies, I'd rather have them twice than a rejection for not submitting. I presume a USC sponsored you, so he should be your child's sponsor for the GC, too. That way your child's out of status is forgiven.
 
Last edited by a moderator:
Thank you. In the original I-864 my husband sponsored me but I did a joint sponsorship I-864A for my daughter. As I am getting child support from her father I didn't want to make my husband legally liable. Could I just fill out the I-485 for her, that I am sponsoring her or should I just make it joint like before?

Also the IO suggested my husband files for my daughter not me, perhaps to speed things up? I don't know. There was something said about her being out of status and my husband being a USC creating a better outlook for her case.
Who knows...:confused:
 
moonmosaic said:
Thank you. In the original I-864 my husband sponsored me but I did a joint sponsorship I-864A for my daughter. As I am getting child support from her father I didn't want to make my husband legally liable. Could I just fill out the I-485 for her, that I am sponsoring her or should I just make it joint like before?
Since your USC is the petitioner, he should fill out the 130 and 864. If his income is below poverty level for all of you, then you can do the 864A. I don't think you have an option of him not doing an 864.
485 is not done by the petitioner, it is for the beneficiary. So the 485 should be for your daughter and you can sign for her since she is a child.
Also the IO suggested my husband files for my daughter not me, perhaps to speed things up? I don't know. There was something said about her being out of status and my husband being a USC creating a better outlook for her case.
Typically, when a USC petitions, the out-of-status is forgiven, that's why it is important that he does it. And again, your daughter will not have to wait for a priority date if your husband petitions.
This is not legal, but just advice from my own experience - I filed for my child, too, albeit concurrently and we were not out of statusQUOTE] .
Click to expand...
 
Last edited by a moderator:
This is not legal, but just advice from my own experience - I filed for my child, too, albeit concurrently and we were not out of status[/COLOR]QUOTE] .[/QUOTE]

Thank you. I appreciate your help. We were not out of status either. I was an F-1 student - still is, I mean still studying - but my daughter lost her F-2 visa when I lost my F-1 or in other words when I got my green card a week ago
Her visa was valid till 2010. :(
 
Last edited by a moderator:
moonmosaic said:
...but suggested that I would wait until my case is approved then my daughter would be approved too, having a derivative status.
Click to expand...

I think your attorney got confused between employment based and family based filings. In the family based filing there is no "derivative status" and each member must have an application filed for them.

All that same forms that you had filed (I-130, I-485, I-864, ...) must also be filed for your daughter too.

But I still don't understand why her I-130 was rejected... you don't need to file a I-485 in order to get the I-130 approved. Who was the petitioner on the I-130 - you or your USC spouse?
 
TNguy78 said:
But I still don't understand why her I-130 was rejected... you don't need to file a I-485 in order to get the I-130 approved. Who was the petitioner on the I-130 - you or your USC spouse?
Click to expand...

True, you don't need to file 485 to get 130 approved. If you petitioned and not your USC husband, then that could be the reason why it was rejected. Your USC should have petitioned.
 
jupiter07 said:
True, you don't need to file 485 to get 130 approved. If you petitioned and not your USC husband, then that could be the reason why it was rejected. Your USC should have petitioned.
Click to expand...

Yes, he did. I explained it better in my other thread that I started off just to see if anyone with kids had to drag their entire brood along to the interview.:rolleyes:
http://boards.immigration.com/showthread.php?t=289583

The IO said that once we reapply for my daughter an IL will be generated because all I-485 apps automatically generate an IL. However he added that SHOULD an interview be necessary only my husband will have to attend as he is the petitioner.
So, i don't really understand how this works.
 
So, I was ready to file for my daughter but to be on the safe side, yesterday, I contacted a different immigration attorney to ask her to look through all the paperwork I had filled out. She was also dumbfounded as to why my daughter didn't get approved so if anyone out there has filed for a dependent at the time for filing for himself/herself, can you please tell me what paperwork you sent? Thank you.
 
moonmosaic said:
She was also dumbfounded as to why my daughter didn't get approved
Click to expand...

I don't see why she'd be so surprised. Your daughter's I-130 was rejected and you filed no I-485. Therefore, there was no possible way for her to be approved. Why was the I-130 denied? The denial notice should tell you.

Probably time to find a competent attorney, not this one.
 
Well, these attorneys are supposed to be competent through Hyatt Legal. Anyway, I sent her all the documents so perhaps she can tell me something new.
I should have filed an I-485 for her and then it would have been the end of it. That's all I can say.
 
moonmosaic said:
Well, these attorneys are supposed to be competent through Hyatt Legal.
Click to expand...

I'd personally think a little more critically

Anyway, I sent her all the documents so perhaps she can tell me something new.
Click to expand...

Ask her to tell you what the I-130 denial notice says. Did you not keep a copy?

I should have filed an I-485 for her and then it would have been the end of it. That's all I can say.
Click to expand...

Don't say that - because that's wrong. The I-130 was denied, and so even if an I-485 was filed it would have been denied too. The I-130 denial is the most critical portion of this, and also the most curious. I'm personally rather surprised (and concerned) that no one, especially not the attorney, has been looking into this.
 
The I-130 was rejected because without the I-485 it should not have been sent to the Chicago Lockbox. That's all it said; incorrect filing address. I also got denial letters for I-765 and I-131 because of incorrect fees. That also made sense since without the I-485 these apps are not free. So my theory is that had I resent the I-the I-485 with everything to the Chicago Lockbox everything would have fallen to place.

Well, I am waiting for the attorney but if I have doubts I will get an infopass.
 
Last edited by a moderator:
You must log in or register to reply here.
Top