Adjustment of status for K4 - rejected?

Question

I’m really confused. I’m married to a USA citizen for 1 year and 6 months. I have a K3 visa and my daughter who is 19 have a K4 visa. (She was over 18 when we got married). Both me and her filed for adjustment of status, but hers were rejected because they need a I-130. (My application was excepted) Who file that on her behalf, because I’m not a USA citizen yet (as we started my process the same time as we started hers), and my husband is not her step father because she was 18 when we got married. It also stated that when I change my status, she will become illegal. We started this whole process in February 07 and both me and her had to fly back to South Africa to get our new visas and do our medical and police clearance. My son who is 16 is going for his Green Card interview on Aug 22 , 2008, but I’m still struggling to do the same for my daughter. Please help, I really don’t know what to do.

Answer 1

Yes that sounds right...your child cannot immigrate through the marriage of you and your us citizen spouse because your child is an adult at age 18.  

Sounds like she has already legally entered the USA.  So the best thing to do is to simply let her stay with you and your spouse until she marries.  But if she is in South Africa then you really can't bring her to US as K4 because this is for minor children.  In about 5 years you can petition for her once u are a us citizen.