World Journal Weekly Q & A - December 30, 2012
Q & A 1. 2.
Q&A 1.
Will my Last Green Card Application Sponsored by my Stepdaughter that was Rejected or Denied Affect a Future Application If I Marry a U.S. Citizen Following My Divorce?
Xiaoya asks:
I overstay in the U.S since August 2008. In November 2008, my wife’s daughter applied for green card for us. In early December 2008, my application was rejected because when I married my wife, wife’s daughter was already over the age of 18. According to law, I am not recognized as my stepdaughter’s father. In March 2009, my wife got green card and wanted to reside in the U.S. Therefore, my wife and I had agreed to divorce in December 2009.
My questions are the following:
- Would the USCIS have the record of my last application?
- If I now marry a U.S. citizen, will the last application affect my future application?
- If there is no affect, how soon after I am married I can submit papers and what kind of documents do I need?
Dear reader,
1. By the rapid movement of events between the filing of the applications for you and your wife and your wife's obtaining the green card (4-5 months), I assume that you and your wife submitted I-485 adjustment of status applications with U.S.C.I.S. along with the I-130 relative petitions by your wife's daughter. If your entire application was rejected (both I-130 and I-485 applications and the fees not cashed), U.S.C.I.S. would likely not keep a record of the attempted filing. If U.S.C.I.S. cashed the fees and then denied both I-130 and I-485 applications, it would have a record of the filing.
2. Every application based upon marriage is judged on its own merits of whether there is a bonafide marital union in which the couple intend to have a life together and live together as man and wife. The last application should not affect your future application, but you can expect questions to arise concerning any prior marriages.
2. As you divorced in December 2009, you can submit papers to U.S.C.I.S. as soon as you are married. Required documents (assuming no crimes or other disabilities) are proof of birth, marriage, termination of all prior unions, legal entry, citizenship status of wife, ability to support you by your wife and if need be a co-sponsor, and medical examination.
Q&A 2.
Does a Child Have to File for a New Green Card at the Age of 14 When He Just Received a New 10-year Green Card Two Years Ago?
A mother asks:
My child came to U.S. when he was 2 years old and received his green card. Last year, his 10 years green card expired. We filed papers for him and he did biometrics (both fingerprint and photo). Several months later, he got a new green card with a valid period of 10 years.
My child will turn 14 years old this October. Does he need to again renew his green card in October? What are the procedures?
Dear reader:
Although your son received a new green card at the approximate age of 12 and it will not expire soon as it is for 10 years, he will need to replace the green card when he turns the age of 14. U.S. law requires that green card holder children submit new biometrics in an 1-90 replacement green card application when they reach the age of 14. Because your son's current card will expire after his 16th birthday, he only needs to pay the $85 biometric fee with the application. The 1-90 application should be sent to the Phoenix lockbox facility of U.S.C.I.S. at:
For U.S. Postal Service:
USCIS
P.O.Box 21262
Phoenix, AZ. 85036
For U.S. Postal Service Express Mail and courier deliveries:
USCIS
Attn: I-90
1820 E. Skyharbor Circle S,
Suite 100
Phoenix, AZ. 85034
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