17 Year Old Daughter of USC coming to US

[Eli the Barrowboy 16]

Hi All,

Our daughter (my biological, my wife's legal since we married before she was 18) was due to apply for her Greencard this winter and then come live with us in the summer. Anyway, she has broken up with her BF in Ireland and wants to stay here at Christmas when she comes over for a visit.

Can we apply for her Green Card once she gets here at Christmas? I would imagine it raises serious legal issues such as her entering on a visitors visa with no intention of leaving once her three months are up.

My wife will be applying to the bar next year and we can't afford to be seen to be circumnavigating the law in this manner, let alone my legal standing as a conditional permanent resident.

Any ideas? Such as, could she come to the US on a visitors visa, apply once she is here, leave the country into Canada in late March on a day trip and come back in for a fresh 3 months which should give her plenty of time to get her legal papers?

Thanks.

R

[CdnMN 0]

Hi All,

Our daughter (my biological, my wife's legal since we married before she was 18) was due to apply for her Greencard this winter and then come live with us in the summer. Anyway, she has broken up with her BF in Ireland and wants to stay here at Christmas when she comes over for a visit.

Can we apply for her Green Card once she gets here at Christmas? I would imagine it raises serious legal issues such as her entering on a visitors visa with no intention of leaving once her three months are up.

My wife will be applying to the bar next year and we can't afford to be seen to be circumnavigating the law in this manner, let alone my legal standing as a conditional permanent resident.

Any ideas? Such as, could she come to the US on a visitors visa, apply once she is here, leave the country into Canada in late March on a day trip and come back in for a fresh 3 months which should give her plenty of time to get her legal papers?

Thanks.

R

I'm in sort of the same situation with my 12 yr old son. If your daughter enters on a visitor visa (even if she leaves after 3 months and comes back you run the risk of being screwed. Technically, it is immigration fraud...or so I was told.

The only legal way is too fill out the I130 and then go through regular consular processing.

[Eli the Barrowboy 16]

Thanks CdnMN,

Just as I thought ... gotta call he and let her know .. she won't be happy about that.

R

[CdnMN 0]

Thanks CdnMN,

Just as I thought ... gotta call he and let her know .. she won't be happy about that.

R

Neither is my son.

You think they could look at this particular area of immigration law and do something about it. I'v ebeen to lawyers, senators etc...all for naught.

Best of luck.

Ken

[Eli the Barrowboy 16]

My daughter will have to go for an interview in London.

Do I or my wife have to attend with her or will her Mom suffice? It's a long trip and a lot of money for a trip to London.

R

[aaron2020 11,651]

My daughter will have to go for an interview in London.

Do I or my wife have to attend with her or will her Mom suffice? It's a long trip and a lot of money for a trip to London.

R

You and your wife do not need to attend the interview. Her mother can take her.

Your wife should be the petitioner. A USC can petition for a step-child if the marriage to the step-child's natural parent occurred before the step-child's 18th birthday. The case should take 6-12 months.

If you filed for your daughter, it would be an F2a case which would take 4-5 years to process.

[Eli the Barrowboy 16]

Thank aaron2020,

6-12 months? Oh dear.

The USCIS said 5 on their website.

R

[NickD 203]

There is no visa wait for minor children under 21, in particular a step child of a sponsoring USC, get your I-130 in now. Over 21 and you may have a ten year wait. Provisions on the I-130 to apply here, even on a tourist visa, have to write down the dates of their I-94 and be within them. Don't take some poor advice offered on this site by some, hire a first class immigration attorney and get good advice. USCIS and the DOS are pretty good when it comes to bring minor children over. Once they get their NOA, they are free to stay without fear of the I-94 running out, but restricted until they get their EAD, can be as short as two months. We got a green card in five months. All it takes is money, with all the fees and attorney costs, runs about 5,000 bucks, but a cheap price for the life of a kid.

There is no visa wait for minor children under 21, in particular a step child of a sponsoring USC, get your I-130 in now. Over 21 and you may have a ten year wait. Provisions on the I-130 to apply here, even on a tourist visa, have to write down the dates of their I-94 and be within them. Don't take some poor advice offered on this site by some, hire a first class immigration attorney and get good advice. USCIS and the DOS are pretty good when it comes to bring minor children over. Once they get their NOA, they are free to stay without fear of the I-94 running out, but restricted until they get their EAD, can be as short as two months. We got a green card in five months. All it takes is money, with all the fees and attorney costs, runs about 5,000 bucks, but a cheap price for the life of a kid.

Oh, the big factor is the kid has got to be free to come here, with another biological parent, that can be a problem. Need legal permission to do that or a death certificate.

[NickD 203]

There is no visa wait for minor children under 21, in particular a step child of a sponsoring USC, get your I-130 in now. Over 21 and you may have a ten year wait. Provisions on the I-130 to apply here, even on a tourist visa, have to write down the dates of their I-94 and be within them. Don't take some poor advice offered on this site by some, hire a first class immigration attorney and get good advice. USCIS and the DOS are pretty good when it comes to bring minor children over. Once they get their NOA, they are free to stay without fear of the I-94 running out, but restricted until they get their EAD, can be as short as two months. We got a green card in five months. All it takes is money, with all the fees and attorney costs, runs about 5,000 bucks, but a cheap price for the life of a kid.

There is no visa wait for minor children under 21, in particular a step child of a sponsoring USC, get your I-130 in now. Over 21 and you may have a ten year wait. Provisions on the I-130 to apply here, even on a tourist visa, have to write down the dates of their I-94 and be within them. Don't take some poor advice offered on this site by some, hire a first class immigration attorney and get good advice. USCIS and the DOS are pretty good when it comes to bring minor children over. Once they get their NOA, they are free to stay without fear of the I-94 running out, but restricted until they get their EAD, can be as short as two months. We got a green card in five months. All it takes is money, with all the fees and attorney costs, runs about 5,000 bucks, but a cheap price for the life of a kid.

Oh, the big factor is the kid has got to be free to come here, with another biological parent, that can be a problem. Need legal permission to do that or a death certificate.

Really don't have my thoughts organized this morning, somewhat country dependent, if the kid is over 18 may not need that others parents permission, but still has to be under 21 for the USCIS. This is why I suggest finding a good immigration attorney that knows the country they are coming from. One thing for sure, we don't make the laws and they do get complex in dealing with two different countries to bring a kid here, USA laws, and those country laws.

[Boiler 45,532]

Thank aaron2020,

6-12 months? Oh dear.

The USCIS said 5 on their website.

R

I see you did the K1, as I did, the timelines are very similar. Mine did take nearer 12 months, but they seem to be much quicker now.

At best it is a guesstimate.

[trailmix 77]

There is no visa wait for minor children under 21, in particular a step child of a sponsoring USC, get your I-130 in now. Over 21 and you may have a ten year wait. Provisions on the I-130 to apply here, even on a tourist visa, have to write down the dates of their I-94 and be within them. Don't take some poor advice offered on this site by some, hire a first class immigration attorney and get good advice.

Does that include your advice?

Do you really think that the OP needs an expensive attorney to bring his child over? It's that complicated?

"All it takes is money, with all the fees and attorney costs, runs about 5,000 bucks, but a cheap price for the life of a kid".

What is that? You make it sound like if he doesn't hire an attorney that he is somehow less than responsible - 'life of a kid'??

Edited October 15, 2009 by trailmix

[Darnell 8,478]

sorry - who's the USC ? Why not have the USC file an I-130 NOW for this daughter?

[NickD 203]

There is no visa wait for minor children under 21, in particular a step child of a sponsoring USC, get your I-130 in now. Over 21 and you may have a ten year wait. Provisions on the I-130 to apply here, even on a tourist visa, have to write down the dates of their I-94 and be within them. Don't take some poor advice offered on this site by some, hire a first class immigration attorney and get good advice.

Does that include your advice?

Do you really think that the OP needs an expensive attorney to bring his child over? It's that complicated?

"All it takes is money, with all the fees and attorney costs, runs about 5,000 bucks, but a cheap price for the life of a kid".

What is that? You make it sound like if he doesn't hire an attorney that he is somehow less than responsible - 'life of a kid'??

It sure does, I am not an immigration attorney, kids are not cheap, immigration was, so far spent over $20K on college tuition, but let's do it the cheapest way.

I-130....$355.00

I-485...1,010.00

I-864.... .00

I-693.... .00 But depending on whether your health insurance covers the USCIS approved doctor, most don't, can cost anywhere from $700 to $2,500.00

I-765.... 340.00

I-325A.. .00

G-28... .00 Attorney representation, I found a darn good one for the fastest to to bring my step daughter here, I filled out the forms, he checked them all over

and gave me corrections, and made sure I provided all the required evidence, his flat fee was $750.00, I didn't want to screw up on this.

Other unknown expense is that permission from the biological father in this and my case. My cheapest way would have to gotten a death certificate, was tempted, but against my morals, had to fight his guy that already had abandoned his daughter seven years before I met my wife and used this opportunity to blackmail us. That was a worse case scenario. If this daughter is close to 18 years of age and is considered an adult, could just wait as that permission is not required then. Getting that permission may or may not be a burden.

In regards to bringing my over 21 year old step son here, her mom had to do that, I did all the forms and provided all the evidence, it was accepted, but still a very long wait, we figure another four years at least.

I save thousands of dollars doing what I know how to do, like all electronic, mechanical, carpentry, heating, plumbing, electrical, appliances, and air conditioning. Saving $2,400.00 now installing my own energy star furnace and doing the kind of work no contractor is capable of doing, super neat, 100% to code. When it comes to a minor child, can afford to spend a few bucks, just me.

[Boiler 45,532]

There is no visa wait for minor children under 21, in particular a step child of a sponsoring USC, get your I-130 in now. Over 21 and you may have a ten year wait. Provisions on the I-130 to apply here, even on a tourist visa, have to write down the dates of their I-94 and be within them. Don't take some poor advice offered on this site by some, hire a first class immigration attorney and get good advice.

Does that include your advice?

Do you really think that the OP needs an expensive attorney to bring his child over? It's that complicated?

"All it takes is money, with all the fees and attorney costs, runs about 5,000 bucks, but a cheap price for the life of a kid".

What is that? You make it sound like if he doesn't hire an attorney that he is somehow less than responsible - 'life of a kid'??

It sure does, I am not an immigration attorney, kids are not cheap, immigration was, so far spent over $20K on college tuition, but let's do it the cheapest way.

I-130....$355.00

I-485...1,010.00

I-864.... .00

I-693.... .00 But depending on whether your health insurance covers the USCIS approved doctor, most don't, can cost anywhere from $700 to $2,500.00

I-765.... 340.00

I-325A.. .00

G-28... .00 Attorney representation, I found a darn good one for the fastest to to bring my step daughter here, I filled out the forms, he checked them all over

and gave me corrections, and made sure I provided all the required evidence, his flat fee was $750.00, I didn't want to screw up on this.

Other unknown expense is that permission from the biological father in this and my case. My cheapest way would have to gotten a death certificate, was tempted, but against my morals, had to fight his guy that already had abandoned his daughter seven years before I met my wife and used this opportunity to blackmail us. That was a worse case scenario. If this daughter is close to 18 years of age and is considered an adult, could just wait as that permission is not required then. Getting that permission may or may not be a burden.

In regards to bringing my over 21 year old step son here, her mom had to do that, I did all the forms and provided all the evidence, it was accepted, but still a very long wait, we figure another four years at least.

I save thousands of dollars doing what I know how to do, like all electronic, mechanical, carpentry, heating, plumbing, electrical, appliances, and air conditioning. Saving $2,400.00 now installing my own energy star furnace and doing the kind of work no contractor is capable of doing, super neat, 100% to code. When it comes to a minor child, can afford to spend a few bucks, just me.

Is there any furnace this is not Energy Star?

I will be putting in a biomass system this winter, an interesting challenge.

I agree that Immigration Paperwork is a lot easier.

[NickD 203]

There is no visa wait for minor children under 21, in particular a step child of a sponsoring USC, get your I-130 in now. Over 21 and you may have a ten year wait. Provisions on the I-130 to apply here, even on a tourist visa, have to write down the dates of their I-94 and be within them. Don't take some poor advice offered on this site by some, hire a first class immigration attorney and get good advice.

Does that include your advice?

Do you really think that the OP needs an expensive attorney to bring his child over? It's that complicated?

"All it takes is money, with all the fees and attorney costs, runs about 5,000 bucks, but a cheap price for the life of a kid".

What is that? You make it sound like if he doesn't hire an attorney that he is somehow less than responsible - 'life of a kid'??

It sure does, I am not an immigration attorney, kids are not cheap, immigration was, so far spent over $20K on college tuition, but let's do it the cheapest way.

I-130....$355.00

I-485...1,010.00

I-864.... .00

I-693.... .00 But depending on whether your health insurance covers the USCIS approved doctor, most don't, can cost anywhere from $700 to $2,500.00

I-765.... 340.00

I-325A.. .00

G-28... .00 Attorney representation, I found a darn good one for the fastest to to bring my step daughter here, I filled out the forms, he checked them all over

and gave me corrections, and made sure I provided all the required evidence, his flat fee was $750.00, I didn't want to screw up on this.

Other unknown expense is that permission from the biological father in this and my case. My cheapest way would have to gotten a death certificate, was tempted, but against my morals, had to fight his guy that already had abandoned his daughter seven years before I met my wife and used this opportunity to blackmail us. That was a worse case scenario. If this daughter is close to 18 years of age and is considered an adult, could just wait as that permission is not required then. Getting that permission may or may not be a burden.

In regards to bringing my over 21 year old step son here, her mom had to do that, I did all the forms and provided all the evidence, it was accepted, but still a very long wait, we figure another four years at least.

I save thousands of dollars doing what I know how to do, like all electronic, mechanical, carpentry, heating, plumbing, electrical, appliances, and air conditioning. Saving $2,400.00 now installing my own energy star furnace and doing the kind of work no contractor is capable of doing, super neat, 100% to code. When it comes to a minor child, can afford to spend a few bucks, just me.

Is there any furnace this is not Energy Star?

I will be putting in a biomass system this winter, an interesting challenge.

I agree that Immigration Paperwork is a lot easier.

My old furnace, was when new, but no longer, IRS is paying for 30% of it. Not completely lazy with immigration, got my wife her, the I-751 for both my wife and daughter, the N-400 for my wife, she is a USC now, and working on one for my daughter as she turned 18 before we could apply, next June is her day, keeps note on the refrigerator door. But for bringing her here, wife was shaky about that, got the aid of an immigration attorney, no mistakes nor delays were allowed, she was 14 at the time.