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Author Topic: Visas for Children Over 21 Years of Age  (Read 586 times)

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Online BillyB

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Visas for Children Over 21 Years of Age
« on: January 21, 2020, 10:49:00 AM »
My daughter spent NY holidays with us in Seattle coming on B1/B2 visa, I'm not sure she wants to move to the US. If she decides to move one day she'll have other legal options (J, H, O visas).
Btw, I posted link to bulletin 2020, where you can see real waiting time which is 6 years for unmarried children over 21 (not 11 as ML thinks).

The I-130, Petition for Alien Relative may take years, maybe 6 as you say, maybe 11 as ML says but the process I've mentioned will get your daughter a green card in less than a year. Your daughter already has the right to enter America legally with the B visa. With your help you can file the I-130 and with her being currently in America, you are also allowed to file the I-485 at the same time as the I-130 to adjust her status as a legal permanent resident. There will be no long wait. Your daughter can fly here tomorrow and in less than a year, she can get a green card and work to begin her life here. She goes to the front of the line because our government wants those in America to be productive right away instead of waiting 6-11 years before they are allowed to work. People outside of America can wait in line for a visa to become available to them. Your daughter already has a B visa. She doesn't need a J, H, or O visa.


situations like the one you are suggesting, using a visitor visa with the intention of applying for AOS when in the US, is the reason why people from Russia and Ukraine and other countries are given a hard time getting a tourist visa.


The reason it's hard for some people to get tourist visas to America is because some people from some countries have a reputation for violating visas. I have not recommended anybody to violate a visa but immigration attorney websites suggest they can still help get people a green card if they have overstayed their visa.


And it's not the wisest to document the intent to commit visa fraud.  Like in a forum post with detailed instructions on how to do it.


The immigration authorities are knocking on my door to arrest me so I will have to type this quick and escape through the back door.

Everything I mentioned so far is government approved. Immigration attorney websites suggest the process I mentioned as the fastest way to get a green card for a family member. Even government websites will guide you through the process. If you are in America on a non immigrant visa and want to stay and don't have family to sponsor you, our government offers other options. If you invest a million dollars in a business, you can get a green card. I dated a Russian woman who came to America on a tourist visa. She stayed and with the help of the friends she was visiting got an attorney and got a green card. Her reason is her husband has committed domestic violence on her. Her nose isn't perfect so I believe her when she said her husband broke her nose. Our government believed she was a victim of DV so they gave her a green card although she entered America on a non immigrant visa. Below are options our government gives for people to start the AOS process which can be started while in America on a non immigrant visa.

http://www.uscis.gov/greencard/eligibility-categories

DCcowboy, the process I mentioned or any process that is allowed by Immigration can be done without an attorney. It's not complicated after studying it. Even if you get an attorney, you will have to do most of the work anyway. You got to gather all the documents Immigration is requesting and fill out the forms. If a person is still not sure what to do, they can hire an attorney to review the documents and make sure the checklist is complete before it gets sent off for processing.

I have used an immigration attorney once for a waiver. I have contacted my Congressman twice. I got my way every time. There are times the little guy needs help to make things happen after denials. The process I mentioned about AOS while on a tourist visa isn't one of them times professional help is needed.
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Online whynotme

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Visas for Children Over 21 Years of Age
« Reply #1 on: January 21, 2020, 12:47:16 PM »
If youíre eligible for a green card and in lawful status, youíll still need to be careful not to trigger the 90-day rule. This is a guideline that U.S. Citizenship and Immigration Services (USCIS) uses to determine whether AOS applicants misrepresented their intentions when they first arrived in the United States.

Many temporary visas, such as the F-1 or B-1/B-2 visas, canít be used if you plan to immigrate permanently. By contrast, other temporary visas such as H-1B or L-1 allow ďdual intent,Ē and can be used even if you plan to move permanently to the United States.

If youíre on a visa that doesnít allow dual intent, you could run into trouble when you apply for AOS, since it shows that you intend to immigrate permanently. The U.S. government could reject your application or revoke your current visa if they decide you secretly planned to immigrate when you first entered the United States.

To make that determination, the USCIS official handling your case will apply the 90-day rule, a guideline that allows officers to infer that you misrepresented your intentions if you adjust status within 90 days of arriving in the United States.

Itís possible to convince the USCIS officer that you genuinely didnít intend to immigrate when you first arrived, but youíll have to offer evidence and will face an up-hill struggle.

Even after 90 days, USCIS officers can use their own judgement to determine that you misrepresented your intentions. 


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Visas for Children Over 21 Years of Age
« Reply #2 on: January 21, 2020, 01:11:50 PM »
Best advice. I gave her the option. We are not going to rush into marriage just to get her daughter over here. We still aren't even sure we love each other. About all we have is mutual interest at this point. We will figure it out when/if we get to that point. I might visit and we have no chemistry. So we will see.
Good luck in your seach. No need to rush into marriage for you or her. I agreed to marry my husband after our third meeting (Russia, SK, the US). Theoretically, my daughter could come with me, she was not 21 at the moment, but this would ruin her plans. My husband supported her financially for long period she was a student.

Online BillyB

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Visas for Children Over 21 Years of Age
« Reply #3 on: January 21, 2020, 03:14:30 PM »
The U.S. government could reject your application or revoke your current visa if they decide you secretly planned to immigrate when you first entered the United States.


They "could" but they didn't say they "will". Government writes many scary things to deter people from abusing visas but you and your daughter have nothing to worry about. When your daughter first entered the USA, she didn't violate her visa and went back home on time. An immigration officer reviewing those facts isn't going to accuse her of secretly planning to immigrate on a tourist visa because it never happened. If she came on a tourist visa and claimed asylum the first day she arrived to America, then the immigration officer will question her motives. But people are allowed to claim asylum too so if they qualify, they will be given a green card regardless of plan to secretly immigrate on a different visa. Also, your daughter may have never had an intention to immigrate but you have an intention to sponsor family which is your right. An immigration officer can't hold your actions against your daughter. An immigration officer doesn't want to piss off American citizens either. They are busy with a lot of other people that won't get them in trouble.

If your daughter visits next time and you file at the same time an I-130 and I-485 while she has a valid visa and the government takes your money to begin processing the paperwork, your daughter will have no problem getting a green card. I've been through this process with my mother in law while she was here on a tourist visa and now has a green card. Immigration officer was polite with her and didn't cause problems by accusing her of anything wrong. If you try this, your daughter should schedule for a 6 month vacation. Start the paperwork early after she arrives so if they deny her for any reason, it will be before her visa expires and she can go home on time. The only valid reason they can deny you is if you don't pay the proper amount or submit the proper documents they ask for such as birth certificates, etc...
There are people that will pass info about you and your family. Do not share info about yourself or share photos as they can search for you on the internet and distribute what they found since they are allowed to participate here.

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Visas for Children Over 21 Years of Age
« Reply #4 on: January 21, 2020, 04:10:36 PM »
My suggestion is to move all off-top from DCcowboy's thread.


Many apply for reunion with parents who are in the US, so your case is not uncommon. But I've not heard about positive examples when it comes to children over 21 years who are here on a non-immigrant visa. Do I want my daughter to get a ban for 10 years? Definitely not.
BillyB, thank you for your information again, but I always prefer legal and direct ways especially when it comes to immigration issues.

Online BillyB

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Re: Visas for Children Over 21 Years of Age
« Reply #5 on: January 21, 2020, 05:21:28 PM »
Many apply for reunion with parents who are in the US, so your case is not uncommon. But I've not heard about positive examples when it comes to children over 21 years who are here on a non-immigrant visa. Do I want my daughter to get a ban for 10 years? Definitely not.
BillyB, thank you for your information again, but I always prefer legal and direct ways especially when it comes to immigration issues.


Someone bringing their kids to America is more important than bringing in parents. There are many more immigration attorney websites like the one I posted earlier that says it can be done. I understand your concern about doing something wrong to where your daughter loses her tourist visa and gets banned. One person's advice(mine) isn't always enough to take a chance on the unknown. A call to an immigration attorney will get you answers. Also below is a website that specializes in visas and you can ask questions. Many there have been successful with the method I'm talking about. Some posters show concern it won't work or the system is being played but pay attention to the posters that have been there, done that.

http://www.visajourney.com/

Checklist in the link below of what is required for the I-130. It also mentions if your family member is in America, you can file the I-485 AOS which gets them the green card faster. Keep in mind, every family member getting sponsored and currently in America has no right to be here long term anyway. They are here on non immigrant visas like your daughter was. Some have even overstayed their visas yet our government gives options for family members to sponsor them.

http://www.uscis.gov/i-130

I-485 checklist

http://www.uscis.gov/i-485Checklist

Here's the immigration attorney I once used. She speaks Russian

http://www.eb5investors.com/directories/immigration-attorneys/lana-kurilovarich

http://www.mytaxdebtattorney.com/About-Lana-Kurilova-Rich/Lana-K-Rich

There are people that will pass info about you and your family. Do not share info about yourself or share photos as they can search for you on the internet and distribute what they found since they are allowed to participate here.

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Re: Visas for Children Over 21 Years of Age
« Reply #6 on: January 21, 2020, 05:36:00 PM »
My suggestion is to move all off-top from DCcowboy's thread.


Many apply for reunion with parents who are in the US, so your case is not uncommon. But I've not heard about positive examples when it comes to children over 21 years who are here on a non-immigrant visa. Do I want my daughter to get a ban for 10 years? Definitely not.
BillyB, thank you for your information again, but I always prefer legal and direct ways especially when it comes to immigration issues.


Wise choice! Too much risk. Many crazy things can happen in these instance, like getting your wife thrown in a birdcage unnecessarily during her 'wedding day' for example.


 :P
~1. Because of 'man', global warming is causing desert and arid areas to suffer long, dry spell.
2. The 2018 Camp Fire and Woolsey California wildfires are forests burning because of global warming
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Re: Visas for Children Over 21 Years of Age
« Reply #7 on: January 21, 2020, 06:13:22 PM »

The thought that whynotme's over 21 yo daughter can come to America tomorrow and live here legally forever is mind-blowing. Sounds impossible but our government has created a path to make these kinds of things possible. Get a second opinion. Call an immigration attorney.
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Online whynotme

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Re: Visas for Children Over 21 Years of Age
« Reply #8 on: January 21, 2020, 06:36:49 PM »
BillyB, what makes you give bad advice in things where you aren't an expert? Any immigration lawyer, if he is not a cheater, will say that this scheme works for parents, young children and spouses of the US residents&citizens, but doesn't work for children over 21 years old. For them, this can be done only if the child has a legal status to be in the US(180 days for B1/B2 visa). Waiting period is not a status. Visa bulletin http://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-february-2020.html?fbclid=IwAR1Mkn_RGkFLKMvriQngSj8KTvtwarVLJ5qb0VtMNvVZQmlKh7bzXyf-L0M 
If it were possible to reduce the waiting period legally from 6-7 years to a year, probably, everyone would do that, you are not the only so smart one  :P. My daughter is fine in Moscow, she has other priorities in her life.

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Re: Visas for Children Over 21 Years of Age
« Reply #9 on: January 21, 2020, 06:42:47 PM »

Wise choice! Too much risk. Many crazy things can happen in these instance, like getting your wife thrown in a birdcage unnecessarily during her 'wedding day' for example.


 :P

It reminds me a story of one military guy,who married a girl in Mexico and decided to bring her to the US without visa. it doesn't matter that his wife spent a couple weeks in an immigration prison, most importantly, that story had a happy ending.  :P

Online BillyB

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Re: Visas for Children Over 21 Years of Age
« Reply #10 on: January 21, 2020, 07:34:57 PM »
but doesn't work for children over 21 years old.


You, as a citizen or green card holder, have the right to sponsor your over 21 yo unmarried child with the I-130. The website you provided says it can be done. The immigration law website I provided earlier below says it can be done.

http://www.nolo.com/legal-encyclopedia/filling-out-form-i-130-adult-son-daughter-over-21-us-permanent-resident.html

For them, this can be done only if the child has a legal status to be in the US(180 days for B1/B2 visa).


Once the I-485 is submitted, a person can legally overstay any visa they entered America with while our government is processing the paperwork. While my MIL waited for her green card to be approved, her tourist visa expired. Immigration didn't come knocking on the door to deport her. Immigration didn't write her a letter telling her she's denied a green card because of visa is expired. What immigration did do was notify her to come in for her biometrics and interview and eventually gave her the green card.

Waiting period is not a status. Visa bulletin http://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-february-2020.html?fbclid=IwAR1Mkn_RGkFLKMvriQngSj8KTvtwarVLJ5qb0VtMNvVZQmlKh7bzXyf-L0M 


If the over 21yo child is outside America and you sponsor them filing out an I-130, there is a limit on the visas America passes out and there is a many year waiting period for the F2B visa the over 21 child is eligible for. Your daughter already has a visa to come to America right now called a B visa. She does not need to wait years to be approved for an F2B visa to come to America. The government website I submitted earlier recommends that the I-485 be submitted at the same time as the I-130 if the person getting sponsored is already in America. That means our government has allowed people to sponsor certain family members while they are in America on a non immigrant visa and apply for a green card at the same time. The government website isn't going to hold people's hands and make it easy to understand all your options but when I read what they have allowed, it's like adding 2 + 2.

My daughter is fine in Moscow, she has other priorities in her life.


I suspect you are not fine and you want your daughter close to you. :sad: That is why I'm helping you. :) Call Lana up. She speaks Russian. Tell her that your daughter has a B visa and already visited America and if it's possible to sponsor your daughter on her next visit with an I-130 and I-485.
There are people that will pass info about you and your family. Do not share info about yourself or share photos as they can search for you on the internet and distribute what they found since they are allowed to participate here.

Online SteveInBoston

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Re: Visas for Children Over 21 Years of Age
« Reply #11 on: January 22, 2020, 08:19:14 AM »
BiilyB,

You seem to conveniently ignore the information that is presented to justify tyour opinions.

The website states that whynotme's daughter's I-130 application will not even be considered until the application date becomes current.  Right now, those who applied in April 2014.

If your MIL had her biometric scheduled when her visitor's visa expired, then her I-130 application was accepted when you filed.  Different category, different time, different circumstances.

Your advice is potentially devastating to those who will try to follow it.  At best they will be an illegal immigrant with no status, waiting for a hearing and decision at an immigration court.  It also means they would face detainment if they ever travelled outside the US and tried to return.  Worst they would be deported and face a 10 year or lifetime ban.

I-485 works as long as there is an active application pending.  But for children over 21, their application will not be pending for about 6 years.  And, in 6 years, when USCIS notice the I-94 is grossdly expired, the application will be rejected.

Go to visajourney.com and read all the horror stories of those who attempted what you are suggesting.  In fact, I advise anyone reading this thread to just stop and go to visajourney to get more informed information.


Online BillyB

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Re: Visas for Children Over 21 Years of Age
« Reply #12 on: January 22, 2020, 02:41:23 PM »
BiilyB,

You seem to conveniently ignore the information that is presented to justify tyour opinions.

The website states that whynotme's daughter's I-130 application will not even be considered until the application date becomes current.  Right now, those who applied in April 2014.


I understand the website but you don't understand what I've been saying, what the immigration website I provided is saying and what the government website I provided is saying. The website whynotme provided has charts with dates next to certain classes of family visas. Whynotme's daughter does not need a family sponsored visa to come to America so she does not have to wait years to get a family family sponsored visa. She already has a B visa to come to America.

Government website below says people outside America must wait for a visa to become available. Those currently inside America can file the I-485 at the same time as the I-130 which gets them a green card soon. They don't have to wait for a visa because they are already in the USA. Obviously those family members in the USA are here on non immigrant visas. If they are already legally here on immigrant visas, they obviously would not need to be sponsored for an immigrant visa twice.

http://www.uscis.gov/i-130

Why does our government allow a fast track program to get family members into the USA? My theory is there are rich, famous, powerful, and intelligent people America wants in this country for our benefit. If these people know that it will be years for their family to join them, they will be less likely to move here so there is a way to get their family here sooner to motivate them to come to America. So when an Einstein comes here to work a year while family stays back home in Europe and he's been asked to stay longer, there's a way to quickly get his family to join him permanently so that he may take the long term job.

The beauty of this is our government can't discriminate so this fast track program offered to VIPs of the world is also offered to us little guys. Of course it's much easier for a VIP to get their family a non immigrant visa than it is for us. Getting family here first is the key to being able to get them a green card in less than a year.

Regardless if my theory on why this program exists is correct, the program is real. I know it can be done because I've done it. If you continue to believe you can't do something, it will come true.





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Re: Visas for Children Over 21 Years of Age
« Reply #13 on: January 22, 2020, 03:04:31 PM »
Go to visajourney.com and read all the horror stories of those who attempted what you are suggesting.  In fact, I advise anyone reading this thread to just stop and go to visajourney to get more informed information.

I've already advised whynotme to go to visajourney. She will read posters like you who claim fraud and deception and it can't be done. She will read posters who believe it can be done but accuse the person sponsoring his/her family of cutting in line and pushing their family further back in line. Whynotme will also read posts from posters like me who are in the process of sponsoring family while they visit in the States, or have completed the process. Whynotme needs to understand there are many more people out there that have successfully engaging in and completed the process and she will dismiss the deniers and haters who have no experience in the process.

Your advice is potentially devastating to those who will try to follow it.  At best they will be an illegal immigrant with no status, waiting for a hearing and decision at an immigration court.  It also means they would face detainment if they ever travelled outside the US and tried to return.  Worst they would be deported and face a 10 year or lifetime ban.


At best they will be an illegal immigrant with no status? Are you making stuff up? Post where you read about a horror story pertaining to the fast track method I am talking about. Here's a visajourney thread posted yesterday on this topic. In the thread, another poster also said he's doing it for his family. Other posters in the thread aren't freaking out like you are here claiming it's wrong, fraud, or can't be done. Why? Because they know it can be done. What is the purpose of your scare tactics if you can't back up that it's going to fail?

http://www.visajourney.com/forums/topic/729672-adjustment-status-of-my-parent-while-they-are-on-b2-visa/

Of course there are waivers for everything. If Trump said he wants a citizen of Kenya that's his second cousin twice removed to become a legal resident in America, I'm sure immigration can find a way.

The Secretary of State may waive the requirements of paragraph (1) with respect to a particular alien or any class or classes of inadmissible aliens.

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim

Don't know if whynotme made a call to Lana but if she's shy, she can write in Russian to a Russian immigration attorney in NY at this website. Anybody can contact an immigration attorney if they doubt what I'm saying.

http://www.shautsova.com/russian/kontakt-advokat/nju-jork-juridicheskaja-firma.html
There are people that will pass info about you and your family. Do not share info about yourself or share photos as they can search for you on the internet and distribute what they found since they are allowed to participate here.

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Re: Visas for Children Over 21 Years of Age
« Reply #14 on: January 22, 2020, 10:16:39 PM »
I've already advised whynotme to go to visajourney. She will read posters like you who claim fraud and deception and it can't be done. She will read posters who believe it can be done but accuse the person sponsoring his/her family of cutting in line and pushing their family further back in line. Whynotme will also read posts from posters like me who are in the process of sponsoring family while they visit in the States, or have completed the process. Whynotme needs to understand there are many more people out there that have successfully engaging in and completed the process and she will dismiss the deniers and haters who have no experience in the process.

At best they will be an illegal immigrant with no status? Are you making stuff up? Post where you read about a horror story pertaining to the fast track method I am talking about. Here's a visajourney thread posted yesterday on this topic. In the thread, another poster also said he's doing it for his family. Other posters in the thread aren't freaking out like you are here claiming it's wrong, fraud, or can't be done. Why? Because they know it can be done. What is the purpose of your scare tactics if you can't back up that it's going to fail?

http://www.visajourney.com/forums/topic/729672-adjustment-status-of-my-parent-while-they-are-on-b2-visa/

Of course there are waivers for everything. If Trump said he wants a citizen of Kenya that's his second cousin twice removed to become a legal resident in America, I'm sure immigration can find a way.

The Secretary of State may waive the requirements of paragraph (1) with respect to a particular alien or any class or classes of inadmissible aliens.

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim

Don't know if whynotme made a call to Lana but if she's shy, she can write in Russian to a Russian immigration attorney in NY at this website. Anybody can contact an immigration attorney if they doubt what I'm saying.

http://www.shautsova.com/russian/kontakt-advokat/nju-jork-juridicheskaja-firma.html

For God's sake, when and where did I ask for help?  ::) I repeat and repeat that my daughter IS NOT GOING to emigrate. I donít need an attorney who speaks Russian, I understand English well enough unlike BillyB who has obvious reading difficulties.
I don't need to come up with any theories, I can read the information on the USCIS site and see that in the theoretical my daughter's case not all conditions are met, so I can't file for Adjustment of Status.  SteveInBoston tried to explain why, no need to repeat. Otherwise, all of India, Mexico and China would already be here.
Btw, Lana turned out to be the daughter of rector of the university I worked with in Russia  ;).

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Re: Visas for Children Over 21 Years of Age
« Reply #15 on: January 22, 2020, 11:40:49 PM »

Although you say your daughter isn't coming, you spent a lot of time reading and studying how to get her here. Call Lana. She may be able to surprise you with some wonderful options since I couldn't.
There are people that will pass info about you and your family. Do not share info about yourself or share photos as they can search for you on the internet and distribute what they found since they are allowed to participate here.

 

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Re: Sending money FROM Russia to the US by whynotme
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Re: Sending money FROM Russia to the US by IvanM07
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Re: What's your guess about these two? by msmob
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Re: Sending money FROM Russia to the US by whynotme
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Re: Is it possible to find a real 20-year-old Russian woman on dating sites? by Trenchcoat
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Re: Is it possible to find a real 20-year-old Russian woman on dating sites? by krimster2
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Re: What's your guess about these two? by 2tallbill
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Re: Is it possible to find a real 20-year-old Russian woman on dating sites? by ML
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Re: What's your guess about these two? by ML
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