Is I-130 only option?

[Glen&Teresa 0]

I am in the middle of a K1 petition - At the NOA2 stage. My daughter (13) asked me last night about possibly comming to the US for a few years to complete her eductation. It is too late to add her to my application, and from what I see of the processing times for the I - 130 she will have probably finished school by the time she gets the okay

Is there a different path to take if she is not intending to become a permenant resident or citizen of the US. But simply wants to spend about 5 years here before returning home?

[jula 0]

I am in the middle of a K1 petition - At the NOA2 stage. My daughter (13) asked me last night about possibly comming to the US for a few years to complete her eductation. It is too late to add her to my application, and from what I see of the processing times for the I - 130 she will have probably finished school by the time she gets the okay

Is there a different path to take if she is not intending to become a permenant resident or citizen of the US. But simply wants to spend about 5 years here before returning home?

why do you say it is too late to include her in your K1, and get her K2? She can follow-to join within a year of your addmission. If she later decides to return, she can abandon her USA residency easily.

The other way would be getting her student visa. She would have to prove non-immigrant intent. With you in the USA, that may be difficult.

[NickD 203]

I am in the middle of a K1 petition - At the NOA2 stage. My daughter (13) asked me last night about possibly comming to the US for a few years to complete her eductation. It is too late to add her to my application, and from what I see of the processing times for the I - 130 she will have probably finished school by the time she gets the okay

Is there a different path to take if she is not intending to become a permenant resident or citizen of the US. But simply wants to spend about 5 years here before returning home?

why do you say it is too late to include her in your K1, and get her K2? She can follow-to join within a year of your addmission. If she later decides to return, she can abandon her USA residency easily.

The other way would be getting her student visa. She would have to prove non-immigrant intent. With you in the USA, that may be difficult.

As the USA citizen spouse, I was able to do the I-130 and my attorney got it through in six weeks for my wife's daughter, but we got her here almost immediately on a tourist visa, it was an emergency situation, and no one, not even the USCIS wants to leave a 13 year girl, (that was her age at the time), stranded. Check with an attorney. But it is best to plan ahead.

[lynJer 7]

<!--quoteo(post=1859897:date=May 21 2008, 12:50 PM:name=jula)--><div class='quotetop'>QUOTE (jula @ May 21 2008, 12:50 PM) <a href="index.php?act=findpost&pid=1859897"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec--><!--quoteo(post=1857284:date=May 20 2008, 03:51 PM:name=Glen&Teresa)--><div class='quotetop'>QUOTE (Glen&Teresa @ May 20 2008, 03:51 PM) <a href="index.php?act=findpost&pid=1857284"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->I am in the middle of a K1 petition - At the NOA2 stage. My daughter (13) asked me last night about possibly comming to the US for a few years to complete her eductation. It is too late to add her to my application, and from what I see of the processing times for the I - 130 she will have probably finished school by the time she gets the okay

Is there a different path to take if she is not intending to become a permenant resident or citizen of the US. But simply wants to spend about 5 years here before returning home?<!--QuoteEnd--></div><!--QuoteEEnd-->

why do you say it is too late to include her in your K1, and get her K2? She can follow-to join within a year of your addmission. If she later decides to return, she can abandon her USA residency easily.

The other way would be getting her student visa. She would have to prove non-immigrant intent. With you in the USA, that may be difficult.

<!--QuoteEnd--></div><!--QuoteEEnd-->

As the USA citizen spouse, I was able to do the I-130 and my attorney got it through in six weeks for my wife's daughter, but we got her here almost immediately on a tourist visa, it was an emergency situation, and no one, not even the USCIS wants to leave a 13 year girl, (that was her age at the time), stranded. Check with an attorney. But it is best to plan ahead.

Hi I know this is like years later...but my 17 year old son has been brainwashed by the father who lives in Melbourne Vic - he all of a sudden is trying to be father of the year - and it now appears that my son doesnt want to come to USA with the me, and his sister and brother...this is killing me...Im in the process of the K1 visa....but your suggestion about organising a visa for your step child gives me so much comfort...the issue is...what did your wife have to do to get the 13 year old out of the clutches of who ever was looking after her here in Australia or what ever country she was at....

and I wonder how old the kids should be before they can come in such a manner...is it 18...or 21?

tar lyndal

[NickD 203]

Hi I know this is like years later...but my 17 year old son has been brainwashed by the father who lives in Melbourne Vic - he all of a sudden is trying to be father of the year - and it now appears that my son doesnt want to come to USA with the me, and his sister and brother...this is killing me...Im in the process of the K1 visa....but your suggestion about organising a visa for your step child gives me so much comfort...the issue is...what did your wife have to do to get the 13 year old out of the clutches of who ever was looking after her here in Australia or what ever country she was at....

and I wonder how old the kids should be before they can come in such a manner...is it 18...or 21?

tar lyndal

US citizen sponsor can petition for the potential step child until the age of 21. Unfortunately, the other biological parent has to give his permission for the child/children to do so. We got his sworn permission in a court of law. He didn't want to give it, but he already was past due seven years of child support payments, he left the country to avoid that and would have faced another five years. Wife forgave that for that letter of permission. Once the child reaches the age of 18 in most countries, its their choice where to live without that permission, not sure about your country, but that will give you three years for the sponsoring step parent to petition for him. My step son just turned 21, so I could not, his mom has to and has. We were advised to wait until she became a US citizen as a LPR takes a lot longer. That was two years ago, but still no action. DOS is currently more interested in Africa, Iran, and Afghanistan now, than Latin America. That's another problem, but under 21, the child is given first priority. Oh, and must be unmarried.

[lynJer 7]

Oh Thanks for that Nick...

Father of the year has many years of child support owing as well....I already got his signature on a stat dec he gives his permission and that he understands they will be migrating with me.....yay....copy of his drivers licence....but...the 17 yo can choose what he wants to do...in this country...some stupid govt said that 16 yo can do what they want and if they dont wanna live with their parents anymore they can live on the streets and get $550 every 2 weeks to do so....so we have a nation of 16 to 21 year olds just running around thinking the world owes them....anyway...thanks for your info....I hope all will work out very soon...cheers.

[milimelo 4,583]

Oh Thanks for that Nick...

Father of the year has many years of child support owing as well....I already got his signature on a stat dec he gives his permission and that he understands they will be migrating with me.....yay....copy of his drivers licence....but...the 17 yo can choose what he wants to do...in this country...some stupid govt said that 16 yo can do what they want and if they dont wanna live with their parents anymore they can live on the streets and get $550 every 2 weeks to do so....so we have a nation of 16 to 21 year olds just running around thinking the world owes them....anyway...thanks for your info....I hope all will work out very soon...cheers.

Just make sure you get married BEFORE your child's 18th birthday - that makes a difference in establishing stepfather-child relationship.

[NArocks 13]

Just make sure you get married BEFORE your child's 18th birthday - that makes a difference in establishing stepfather-child relationship.

So true because even marrying a day after the child turns 18 will not work, they will cash the check and then deny. Happened to us in 07. Married like 22 days too late , now 3 yrs later he may get an august interview from his dads petition.

[lynJer 7]

So true because even marrying a day after the child turns 18 will not work, they will cash the check and then deny. Happened to us in 07. Married like 22 days too late , now 3 yrs later he may get an august interview from his dads petition.

Aww...thanks Guys....that will occur...we are planning a 10/10/10 wedding....

excellant advice....he was included on the petition and I have included him on all documents saying he will follow to be with me...I need my eldest son to be with us on special days like xmas and easter etc...his father wouldnt know how to buy xmas presents...usually just sends the kids money...6 mths later....