can my daughter get a visitor visa while she waits for CR1

[goldylox 0]

Hi

My CR1 will be complete soon and i have just sent off for my daughter who is 18 I130 ( had to do it that way for financial reasons). I will be traveling first, can she come with me to the US while she waits for her I130 to be approved? Or can she get a different visitor visa? I really hope she can )))

[JimVaPhuong 4,863]

Hi

My CR1 will be complete soon and i have just sent off for my daughter who is 18 I130 ( had to do it that way for financial reasons). I will be traveling first, can she come with me to the US while she waits for her I130 to be approved? Or can she get a different visitor visa? I really hope she can )))

Are you the petitioner or the beneficiary? Is this a step-daughter of the petitioner? If so, how old was she when the petitioner and beneficiary married? Who filed the I-130 for the daughter - the petitioner or beneficiary?

[Boiler 46,025]

She can visit, but that does not sound like what you want her to do.

[goldylox 0]

Hi Jim

Thanks for reply.... I am the beneficiary and she is my daughter born. She was 16 when we married back in 2009. My husband the petitioner filed her i130 this week

thanks for your help

x x x x

[goldylox 0]

that should have said she is UK born, I dont mind if she comes as a visitor and then comes back to the UK for her interview ))

[JimVaPhuong 4,863]

Hi Jim

Thanks for reply.... I am the beneficiary and she is my daughter born. She was 16 when we married back in 2009. My husband the petitioner filed her i130 this week

thanks for your help

x x x x

Ok, that makes her an immediate relative of the USC petitioner. That means she'd be eligible to adjust status if she were in the US. She has a pending I-130 which establishes her immigrant intent. Entering the US with a non-immigrant visa with the preconceived intent to immigrate is not legal, but there's not much the US government can do to stop them once they've been admitted. For this reason the consulates and CBP try to stop people with a preconceived intent to immigrate from being admitted to the US. If the consulate suspects she'll try to adjust status then they'll deny a visitor's visa. IF CBP suspects she'll try to adjust status then they'll deny her entry. It's possible for her to get a visitor's visa and visit the US, but she'll need to convince the consulate and CBP that she's not going to stay and adjust status, but will return to the UK for her immigrant visa interview. The standard they usually use is "strong ties" that would compel the alien to return to their home country before their authorized stay in the US expires.

[Boiler 46,025]

She does not need a visa.

[goldylox 0]

oh wow ..... there is a god ) ..... so basically she can go on a waiver visa and stay there? will she have to renew her waiver if it runs out ?? i dont want to mess with the immigration department looool

Thank you so much guys i dont know what we would do without this site it is a godsend

x x x

jim ... nice hat

[Boiler 46,025]

She can visit, she can not live in the US on the VWP.

[goldylox 0]

hi super star

i understand she cannot live there with VWP, i have just applied for her I130. I was asking if she went there on a VWP and we waited to adjust her status when the I130 was approved, weither she could renew her VWP while waiting.

[JimVaPhuong 4,863]

oh wow ..... there is a god ) ..... so basically she can go on a waiver visa and stay there? will she have to renew her waiver if it runs out ?? i dont want to mess with the immigration department looool

Thank you so much guys i dont know what we would do without this site it is a godsend

x x x

jim ... nice hat

VWP entrants are allowed to stay for 90 days. That cannot be extended. That's something else they give up as a condition of using the VWP. She could also apply for a B2 visa. That would allow her to stay up to six months.

The hat is kind of funny. It's worn by men with the traditional Vietnamese "Ao Dai" (literally means "long shirt"). It's really just a long strip of cloth that's folded over and sewn into a band, and then rolled into a kind of donut that fits over your head. They sew a small crescent shaped bit of cloth over the hole in the back to keep it from sliding down over your head. Other than that, the top is completely open. Kinda like this ->

[goldylox 0]

you both look gorgeous ) .... our men in scotland wear skirts lol ..... thanks for your help jim its much appreciated x x

[JimVaPhuong 4,863]

you both look gorgeous ) .... our men in scotland wear skirts lol ..... thanks for your help jim its much appreciated x x

Interestingly, I'm a descendent of Scottish immigrants. I've worn a kilt so the Ao Dai was not strange at all to me.