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I-130 for step-kids after mother was denied

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  • I-130 for step-kids after mother was denied

    Does anyone know if my step-kids will be approved at their interview if their mother was already denied (and now has a 10 year bar) at her interview?

    I'm asking, would my wife's denial will also prevent her kids from getting their visas?

  • #2

    That's ...............unbelievably sad!
    She was denied????

    Please give more details. Me personally, I don't understand what kind of case this is.
    Your wife got a 10 years bar to enter the us?
    Please give more details. Also are you a usc, when did you get married,etc., so the advice would be more


    • #3
      Maybe it is my fault . i don't know what I 130 stands for.
      Still, I guess, you would need to give more details.


      • #4
        I am a USC, my wife entered the US without inspection (ilegally) and stayed here for more than 180 days. She went back to her country because you can not adjust status if you have no status to begin with. She just had her interview for the k3 visa, she was denied and was given a 10year bar. I will be doing the I-601 waiver myself, and I hope it gets approved, but someone said like 1 in 1,000 get

        anyhow, i-130 is a petition for relative, the first step in the immigration process.

        I have filed i-130 for her and her kids. So, they each have a different case number. I just dont know if they will be denied based on their mother's case..


        • #5
          july 2000 - wife enterd the country
          july 2001 - we got married
          feb 2001 - she want back to ecuador
          march 2001 - filed i-130's i-129f(k3 visa)
          got approved months months later
          march 2002 - had k3 interview


          • #6
            I answered from work,
            you can't imagine how sorry I feel for this family and for the wife being rejected!.

            I don't know how to answer. I wish I knew. I just know that I feel sorry .
            Please answer, I asked him to give more details, he did and then I realiuzed that I don't know what to say to help him help his family.

            Thanks. I know you'll answer.



            • #7
              it should be something else that he could do to fix this.

              I wish the lawmakers would put the priority on families, families they take apart without realizing how much pain they cause.........


              • #8
                It is doubtful that the step kids will go anywhere until their mother does - she will be the primary beneficiary.
                Did our readers forget about US laws regarding visas and proper documentation? We cannot just "forgive" everyone who runs for our borders to marry someone and then feel that they are entitled to some benefit. What happened to the concept of obeying rules and regulations? If we just give everyone a GC who violates US laws with total disregard (like entering our country without inspections reflects), then how do we determine who is coming here to do us harm?
                And please, spare the weeping part about how some "innocent" woman from Ecuador deserves a chance....what about all of those brothers and sisters of American citizens who have petitions waiting for them, and who have to wait more than 12 years to get a LEGAL way to enter and live in the US?????? What do we tell them? Tough luck?
                Oh gosh, those who enter without inspection are far more deserving than those of you who want to obey our rules?
                Our rules are simple enough - those who feel that they are above them should consider entering some other country without inspection.


                • #9
                  "It is doubtful that the step kids will go anywhere until their mother does - she will be the primary beneficiary "

                  I would assume the primary beneficiary would be the person listed on the I-130.
                  Our rules are simple enough - those who feel that they are above them should consider entering some other country without inspection.

                  Well, the problem is the rules are NOT simple enough. Every type of visa available has different requirements. And often those requirements contradict another visa's requirement.

                  I want fair immigration for all. My wife, someone's brother, sister. We all have ridicules waiting times. I wish your post included the real problem, the unfair waiting times. Since I am too close to my situation to give a fair comparison (for obvious reasons) to another brother, I ask you, how long have you been waiting? Or perhaps you have another agenda here?


                  • #10
                    The "real" problem is far from just long waiting times - and realistcally some of those cannot be reduced because there are limitations on certain visa categories (immigrant visas).
                    But if people who decide not to wait violate our laws and then want benefits given to them for having done so, well, that is more of a problem than waiting times.
                    Congress decides how many immigrant visas are to be given out in a year - typically the grand total is somewhat less than 500,000 a year (spouses of American citizens do not count in this limit).
                    Some people have suggested taking the 50,000 Diversity lottery visas and apportioning them out to the brother/sister of American category or the spouse/children of LPR category.
                    The solution to any of these issues is NOT willful violation of our laws, then seek forgiveness. Uniform administration of our laws (and penalties) might help a lot. But whether our laws are confusing or contradictory does not grant an individual to enter the US without inspection or lie to get a visa or lie to the INS about the purpose of his/her visit or work illegally in the US....we have many visa categories, both family and employment based; we have visas for temporary workers - there are rules to be followed for all of them. What is so difficult to understand about that?
                    BUt it sounds like you are unhappy because of long waiting periods for some or all of your relatives - how do you feel when visa cheats or those who snub their nose at our laws gain a GC or benefit ahead of your relatives who are (I presume) waiting their turn [and I recognize their frustration though I have not experienced it]???? Do you think it is fair to pass out GC's to those who violate or ignore our laws? Under what justification? (if you do)?
                    I admit there is no easy solution, but willful transgression is not the answer.


                    • #11
                      Back again - sorry, I did not address the waiting times sufficiently.
                      As I said, Congress sets the limits of LEGAL immigration and perhaps if you were to write your representatives suggesting an increase in certain visa categories things might change.
                      However, what is the US going to do with the estimated 7-10 million illegals??
                      Maybe some of them should go in order to make room for the legal ones.
                      Better enforcement combined with reduced waiting times might produce results.
                      Please though, write your representatives and let those individuals know of your concerns (or your wife's) - good luck.


                      • #12
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