bringing my 12 yr old daughter to the usa

[raphael7546 0]

I came here on a K-1 visa. At the time,a few weeks before my k-1 interview, my daughter's father refused to let her move to the states. ( Yes, my ex is a dickhead, that's why he's my ex!)She has now turned 12 and by law legally allowed to choose where she wants to be. I also have signed court papers stating so and that my ex will not interfere with this.

She of course wants to move here and we want to start the proceedings. She was at the time listed on my K-1 . I had told the lady at my interview that Shelby would not be coming and to please take her off the k-1. The lady told me that she would leave it on because many times the father changes his mind and then the child can follow up to 1 yr.

It's now been 3 yrs. I just recieved my 10 yr greencard with conditions removed.

Once we start the process, who does the paperwork/Noa's etc... go to? does it go to my daughter? I'm afraid that my ex will unexpectedly "lose" the paperwork to delay this process. (He did that with our divorce)

Also, I am hearing that it could take up to a year before she will get her visa, Is this true?

It's been pure hell being away from my little girl and when I told her it might take a long time she was very upset. She thought that she would be able to move here this summer.

Once she does get her visa and move here. Will there be limitations on it as in having to wait for AP etc...? I know my ex will want her to come to visit him once she has moved here.

Any advice?

[pj1959us 0]

Your USC husband should submit an I-130 since you married before she was 18 years old and submit the form where it states to on the form. The NOA(s) would go to your home. I have heard it can take up to a year for the process to be completed (I-130 through to visa).

Sorry I'm unfamiliar with the process once it reaches the Embassy portion; my stepdaughter adjusted from within the US so the I-130 and I-485/etc were submitted concurrently.

PJ