Australian Daughter to the US

[Aus_T 0]

Hi everyone, I was after some advise on the fastest way to get my daughter into the US, to become a US Citizen...

Specifics:

* I'm Australian born (42 year old male), though was naturalized as a US Citizen in 2008 (so I'm a dual citizen now; and my wife is US born)

* My daughter (14 years of age), and currently lives in Australia.

Though has lived with my wife and I in the US for nearly a year back in 2006 (Consular I-130 > and a subsequent I-485 filed and approved later), though at that time because I was not a citizen she did not qualify under the CCA of 2000, and entered the country as an LPR (Greencard [only], and also obtained a SSN)

* Due to some action my ex-wife initiated, I was forced to send her back to Australia (no re-entry documents were filed prior)... though she has been out of the US for over 2 years now anyway.

We are seeking to again have her live with us (at her request... and will obviously have to 'shore-up' the paperwork better with my ex-wife this time).

We really want to get her here as quick as possible (with the aim of getting her citizenship as well), and was hoping for your advise on what the best avenue available to us is.

1. SB1? Not sure if we can successfully prove that her departure from the US in 2006, was intended to be "temporary" (ie: under 12 months). Even though a temporary stay outside the US was what both my daughter and I had hoped for; but my ex-wife i guess did not have that intention? Any thoughts on this would be appreciated as there does not seem to be a stack on info out there on the SB1 process and chances of approval etc. I just don't want to waste time going that route if it's kind of pointless?

2. There's the I-130 Consular processing route (Immediate relative of a US citizen), waiting for approval, and then waiting for the the DS-230 (not sure on normal time for this part)to have a visa issued. On arrival (as she should qualify for citizenship under the CCA), I'm not sure if we file a 485 or a n-600, once she gets here... if we went that route?

3. This seems to be a legitimate route also... though I don't want to really risk getting her here quicker only to get her barred. But it does seem to be a viable option to get her here on a visitors visa, and then file to adjust her status, as soon as she gets into the US? Or am I totally wrong on this... again I am not intending to do anything that's not legal, so would appreciate advise on this one.

4. This option I do not think is open to us... but wanted to get some expert opinion on. And that is a K4 visa application. This would be an I-130, and then a I129f filed to hopefully get a k-4 visa, and then filing for adjustment of status after she arrived. Though I'm not sure if this is possible without an adult/fiance with a valid k-3 application??

So right now, it seems like the typical route of filing an I-130 (immediate relative of a US citizen), then as she won't have to wait for a visa, going through the DS-230 approval and getting her here and hopefully getting her US citizenship (under the CCA of 2000)

One of the other big questions I have is: that when my daughter lived with us previously, because she is unvaccinated she failed her medical before leaving Austrlia... and we had to petition the US embassy in Bangkok twice to get her an approved exemption.... Because that process took quite a while the first time, I'm hoping there may be a way to get that approved again without having to re-petition for the exemption (as nothing has really changed in regards to her status, nor general USCIS policy as far as I know). Thoughts or suggestions on this would be greatly appreciated

Any comment/suggestions on the best and fastest way to proceed would be greatly appreciated. Thanks!

[Boiler 45,944]

1 No harm trying, was this court ordered and no longer applicable.

2 The obvious option

3 If she wanted to visit, yes, but you said she wants to immigrate.

4 K4 is a derivative of a K3. So n/a

[canadian_wife 1,827]

#3 is not an option. That would require you and her to commit visa fraud which means you intended to use a non-immigrant visa to actually immigrate to the US. Resutls can be a lifetime ban

File the I-130 for her. The K-4 is a derivative of a K-3 spousal visa, she doesn't qualify for it

Good luck

[Aus_T 0]

Thanks a lot to Boiler, and canadian_wife for your very helpful replies! Much appreciated.

Okay so it seems like there's only the one clear route really open to me (option 2).

The SB1 is still another option I guess, but I have a strong inclination that it wouldn't be successful. And obviously taking this route, would take a degree of time (and $$). Boiler, the situation where my daughter had to return to Australia was not exactly "court ordered", although my ex and I came to an "agreement" in order not stay proceedings in the US (My ex was somehow successful in instigating a Hague convention case... which I still do not have a clue how she substantiated??? Though, I wish i knew). So to actually "prove" my daughters departure from the States was intended as "temporary", seems to be a bit of a lost cause.

One additional question for you guys if you don't mind. If I was to get my daughter over to the US for Christmas for a few weeks (on a visitor visa/ESTA), should I hold off on the I-130? I've been told that there's a good chance someone could be denied entry (as a visitor) IF they have an active immigration petition initiated? My guess is that the I-130 would not trigger any red flag against her Australian passsport # etc... (though that may come further down the process), but I wanted to ask that question.

Going back to my first post.... I'm still a little nervous that the vaccination exemption approval (I-601) will take some time to get approved if we have to newly resubmit again. I would like to think that because she has entered the country previously with an immigrant visa (and an approved exemption), that we would be able to automatically qualify again. Reading these forums it just seems like the exemptions are typically declined, or at best really drawn out, so it definitely makes me a little nervous to have to go through this again. Would just drafting a good letter outlining the facts, about how she was previously granted a philosophical exemption be sufficient (even if i need to pay the $545 fee?) Though at what stage should I do that... I'm assuming having that available for her consular interview would be an appropriate time?

I guess what I need to explore here is.... is her previously granted exemption ONLY tied to that one immigration petition, or is it a "status" that has been attached to her as an individual? I'm not sure, it gets confusing. Any help would be appreciated, thanks everyone.

[Boiler 45,944]

On the face of it SB1 does not look too promising, an inventive Lawyer might have other ideas.

SB1 and 1 130 can be run in parallel

I doubt if a Christmas visit would be an issue.

My guess is that a new waiver would be required.