need help !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[bobcat]

I have a little problem.... I met my fiance 6 years ago whille studying in US
a year ago I left the country to visit some friends... and we decided to go with fiance visa... now that I am back in US he changed his mind.... my mother lives here...she is married... and my guardian who I have known since I was 11 years old is here.. basically ..my whole life is here.. and I have no where to go back to... I need some options please!... since I am over 21..can my moms husband help me adjust staus? or my guardian is thinking of adopting me... please help

[curiousone]

I have a little problem.... I met my fiance 6 years ago whille studying in US
a year ago I left the country to visit some friends... and we decided to go with fiance visa... now that I am back in US he changed his mind.... my mother lives here...she is married... and my guardian who I have known since I was 11 years old is here.. basically ..my whole life is here.. and I have no where to go back to... I need some options please!... since I am over 21..can my moms husband help me adjust staus? or my guardian is thinking of adopting me... please help

Youre too old to be adopted.
Your stepfather may or may not be petition for you as a child depending on wehether your mom married him before you turned 18
Your mom can petition for you if she is a Green card holder.....but its a long wait

[peace]

bobcat

*What is your visa status in US now?
*Did you enter on a fiance visa and how many days have elapsed since you entered?
*What is your mother's visa status in US?
*What is your birth country?

[bobcat]

Peace:
I am on K1 status now
I entered on Nov 22 2006
I am a Russian citizen, my mom is a green card holder..

We went to an immigration officer in Tampa...and they told us that her husband USC can adjust my status..but going over papers I dont see how..oh and they got married when I was 19...so I dont know I am freaking out... I have nothing to go back to.... I dont know if I will qualify for Asylum?

[peace]

bobcat

Your stepdad can petition for you under F1 category but the wait for visa numbers for F1 for russian citizens is about 6 years , so you cannot adjust status in US now because a visa number will not be available now.

K-1 cannot change to any other non-immigrant visa. So, I advise you to
stay legal and leave before your 90 day period expires. You can enter
again on another type of visa like a visitor or a student . If that is not possible , your dad can file now and you will get the visa at russia in 6 years.

That is better than overstaying your K-1 and becoming illegal because
that will create major complications.

[bobcat]

well...in the immigration place they told us that if my step dad files for me to adjust status...there will be no priority date since he is a USC..did they make a mistake then?

[peace]

I guess they did make a mistake. This is a piece from the USCIS web site showing exact language of classification of unlimited( no priority dates) and preference
category F1(with priority dates)

UNLIMITED FAMILY-BASED
Immediate Relatives of U.S. Citizens (IR):

a)The spouse, widow(er) and unmarried children under 21 of a U.S. citizen
b)the parent of a U.S. citizen who is 21 or older.

FIRST PREFERENCE;
Unmarried sons or daughters over 21 years of age of USC.

Since you are over 21, you belong to First preference which does have priority dates.





.

[bobcat]

ok...thank you so much..

[curiousone]

well...in the immigration place they told us that if my step dad files for me to adjust status...there will be no priority date since he is a USC..did they make a mistake then?

Actually because the marraige did not take place before your 18th birthday, your stepfather cannot classify you as a child for immigration purposes and as such cannot file for you. Only your mother can. For immigration purproses, you not related to him at all.