My Daughter

[Roselinda 5]

Hi guys!

I'm currently going through the AOS process.

I was just wondering if in the case of my daughter who is 22 years old and unmarried. Would I have to wait for the process to be over to apply for her to become a resident or can my husband petition for her?

She's having a hard time without us and is ready to come join us.

Any advice would be greatly appreciated as always.

Many thanks

Linda and Chad

[payxibka 10,045]

Hi guys!

I'm currently going through the AOS process.

I was just wondering if in the case of my daughter who is 22 years old and unmarried. Would I have to wait for the process to be over to apply for her to become a resident or can my husband petition for her?

She's having a hard time without us and is ready to come join us.

Any advice would be greatly appreciated as always.

Many thanks

Linda and Chad

If I am not mistaken the stepdaughter relationship needed to be created before she was 18 for your USC husband to be able to do it... otherwise she will need to wait until you are a USC....

Edited January 9, 2009 by payxibka

[Gemmie 142]

I think he's right, only USC's can petition for relatives to come to the US.

Meaning you'll have to wait out the required time to become a citizen.

[aaron2020 11,651]

Your USC husband can petition for petition for your daughter if the stepfather-stepdaughter relationship was legally established before she turned 18 years old. If the relationship was established after her 18th birthday, your husband can not petition for her. If he can petition for her, she will not qualify as an Immediate Relative (IR) as she is currently no longer under 21 years old, and the I-130 application for her will be in placed in the F1 family immigration category, unmarried children of USC which has a current wait of 7 years for a visa. If she gets married during the wait, she will be moved to the F3 category which has a current wait of 9 years for a visa.

As a Legal Permanent Resident (LPR - green card holder), you will be able to file for her in the F2b category, unmarried sons & daughters of LPR 21 years old and older. The visa wait time for that category is 9 years. If she gets married before a visa becomes available or you become a USC, the I-130 for her will be denied or revoked. Once you are a USC, you can request that she be moved from the F2b category to the F1 category.

Bottom line: Your daughter has either a 7 or 9 years wait for an immigration visa. Sorry.

Edited January 9, 2009 by aaron2020

[Kez/JWolf 6]

I think he's right, only USC's can petition for relatives to come to the US.

Meaning you'll have to wait out the required time to become a citizen.

Both Wrong.

Once you have been approved for your AOS you can file form I-130 for your Daughter. She will be in the category Unmarried Child over 21 of LPR.

Because she is over 21 she is not classed as an immediate relative, so must wait for a visa to become available to her she will be in visa class 2B see the link below

http://travel.state.gov/visa/frvi/bulletin...letin_4406.html

They are just working on cases that have a priority date in 2000 so it will take about 9 years for her to get a visa, what you can do is once you become a Citizen you can have the petition update to category first so that will shorten her wait by about 2 years. Also remember that if she gets married the application will be lost and you would have to start again in a new category.

[Dakine 26]

Hi guys!

I'm currently going through the AOS process.

I was just wondering if in the case of my daughter who is 22 years old and unmarried. Would I have to wait for the process to be over to apply for her to become a resident or can my husband petition for her?

She's having a hard time without us and is ready to come join us.

Any advice would be greatly appreciated as always.

Many thanks

Linda and Chad

If I am not mistaken the stepdaughter relationship needed to be created before she was 18 for your USC husband to be able to do it... otherwise she will need to wait until you are a USC....

I think he's right, only USC's can petition for relatives to come to the US.

Meaning you'll have to wait out the required time to become a citizen.

That's incorrect as LPRs can petition for their kids.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

http://travel.state.gov/visa/frvi/bulletin...letin_4384.html

Edited January 9, 2009 by Haole

[NArocks 13]

Start the process once you get your GC and apply for your child as an LPR, then once you become a citizen in either 3 or 5 years ( depending on how you received your status ) after you GC is issued you can upgrade the petition and it will cut a few years off of the process. Good luck and apply as soon as you can to get the ball rolling

[payxibka 10,045]

regardless, there is no easy US immigration answer to the daughter's current struggles

[USCIS CSR 0]

You can file the I-130 after you get your GREEN CARD (LPR filing for Unmarried child over 21). You will have to wait (Visa Bulletin that Kez/Jwolf linked to)...but if you become a US citizen while waiting, you can contact USCIS or the NVC (depending where the case is when you become a US Citizen) and have them Upgrade the petition to US Citizen, effectively putting you into a different category (US Citizen filing for Unmarried child over 21). You will get to keep your Priority Date (filing date of I-130) and everything! US Citizen filing in this category goes around 2 years faster than if you were a LPR. Its recommended that you file now, because by the time you become a citizen and upgrade, the application would be approved/processed immediately due to the fact your still keeping the same priority date (filing date).

I hope I helped and was typing articulate enough for you to understand me.

[Roselinda 5]

Thanks guys

The crisis has been averted.

She didn't realise she could come for up to three months on the VWP so she is now happy to just have extended holidays now and again.

But thanks for all the information.

Really appreciate it.

[JJBBKK 0]

If the USC mother wants to petition for her daughter (unmarried over 21) who is currently in US on a visitor visa, can she do that or does the daughter need to go back home and wait for her i130 to become current???

[Kez/JWolf 6]

If the USC mother wants to petition for her daughter (unmarried over 21) who is currently in US on a visitor visa, can she do that or does the daughter need to go back home and wait for her i130 to become current???

You can file the I-130 for your daughter while she is in the USA but she will still have to return to her home country before her I-94 expires and wait for the I-130 to become current, you are looking at about 6 years or more for her to get a visa, depending on which country she if from.

You can check out the wait times here.

http://travel.state.gov/visa/frvi/bulletin...letin_4384.html

Edited January 14, 2009 by Kez/JWolf

[JJBBKK 0]

If the USC mother wants to petition for her daughter (unmarried over 21) who is currently in US on a visitor visa, can she do that or does the daughter need to go back home and wait for her i130 to become current???

You can file the I-130 for your daughter while she is in the USA but she will still have to return to her home country before her I-94 expires and wait for the I-130 to become current, you are looking at about 6 years or more for her to get a visa, depending on which country she if from.

You can check out the wait times here.

http://travel.state.gov/visa/frvi/bulletin...letin_4384.html

thanks for your confirmation!