Really confused

[phandaal 0]

Hi,

First I apologize for the double post as I posted this in the K3 section at first.

I am a French citizen, married with a US citizen. I have a green card and live in the US.

I got the custody of my daughter and want her to live with me. This post is about the process to get my daughter to live with me legally.

My wife (US citizen) filed a I-130 for her on March 31, 2011. The I-130 has been approved on July 28, 2011.

My daughter came in the US with the visa weaver program (like a tourist then) on August 09,2011. At the arrival, I said to the immigration officer that I had a pending I-130 and he said np.

So she is right now in the US, going to school.

I just received (Sept. 16th) a document "affidavit of support processing fee bill invoice", and started doing so search on the internet. And everything got confused.

I read a lot of things: I read that because my daughter is right now in the US I should file a I-485 / I read that I-130 can take up to one year / I read that my daugther shouldnt go to school with a tourist visa.

And now I'm all confused. What should I do if I want my daughter to be able to live with me? What visa does she need? Am I wrong in what am I doing?

Will my daughter be able to come back, as I need to go back to France with her before november 9th (she only has a tourist 3 month visa right now) and come back to the US were we live?

Any help would be really appreciated. Thank you in advance!

Oliver.

[Deputy Purple 1,294]

Since you have an approved I-130 you should file I-485 for her to Adjust Status based on the approved I-130. It will need an Affidavit of Support. Find the guides here on VJ and follow them.

[phandaal 0]

Since you have an approved I-130 you should file I-485 for her to Adjust Status based on the approved I-130. It will need an Affidavit of Support. Find the guides here on VJ and follow them.

Thank you for this answer.

Problem is that I fail to find the right guides. I have read a lot of them and it just adds to my confusion.

I found this: http://www.visajourney.com/content/i130guide1 but it seems it's more for spouses and it doesn't mention I-485.

There is an affidavit of support fee that I just paid today but I don't know if this is useful if I go through I-485. It is supposed to be for the VNC (visa national center?). So I guess it is for the option "you go back to France with your daughter, have an appointment with the ambassy, get a visa and come back (be it in 1, 3 or 6 months...)

Also, If I understand well, with the I-485 she won't be able to leave the US but I need to send her to her Mom for Christmas Holidays.

I have the feeling I am in a situation where nothing is easy and each choice can have bad outcome (file for I-485 while she is here/go back to France with her to go to the ambassy)

I don't know what to do and I'm stressing out big time

[Jojo92122 1,924]

Yeah, you jumped the gun. Your daughter was admitted as a visitor and not as an immigrant.

Your child's current status is a visitor. Visitors are not allowed to live in the US or attend school.

Your wife needs to file the I-485 and I-864 to adjust your child's status from visitor to legal permanent resident.

[phandaal 0]

Thank you Jojo92122.

I scheduled an appointment with an immigration attorney. I hope he will be able to help me.