Step Daughter I-130 Application

[tcf26 0]

My daughter needs to come live with me here in the US (I am a LPR) and my wife is a US citizen and we have decided to have her sponsor my daughter as her step daughter. The problem I have and question I have is how can I get my daughter here to start school in September? She has a lot of problems at home with her mom and she is MUCH better off here with us (mother has agreed to let her live with us.). I know my wife will have to file the I-130 as a step-mother but is there s temp visa I can get for my daughter to go to school here while waiting for the I-130 to process? We did get married before her 18th birthday since she is ony 14 still. We have been married for 7 years.

We live about 30 miles from the Canadian border so she is visiting all the time. All we need is birth certificate for her and a letter from her mom to bring her across. She will be staying all summer, so it isn't a case of wether she has to fly here or come a long distance. Just not sure how to approach this for her to stay for the duration of the I-130 processing.

Any help would be greatly appreciated!

Edited June 16, 2008 by tcf26

[YuAndDan 153]

Only "Temp Visa" for step child is K-2, or K-4, but that option is only if you enter the USA on a K-1, or K-3, and ONLY if the child follows to join within 1 year of their parent.

All you can do at this point is file the I-130, and have the child visit, but I don't think the child can be enrolled in school unless they have some form of resident status like green-card or a visa the allows longer residency for school, like a student visa.

Only other option I can think of is if you have custody, and the child enters as a visitor, is to file I-485 and I-130 and adjust the child's status once the child is in the USA, this is a question best discussed with a lawyer.

Edited June 16, 2008 by YuAndDan

[eau_xplain 2]

I think you can arrange to have her go to school in the US under an F1 visa. However, this would mean she will have to be accepted by and enrolled with a school. Start your research here.

Good luck! I hope your daughter's I-130 gets approved soon and you can get her immigrant visa moving along quickly.