CHILD OF LPR

[aaron2020 11,651]

well, this is different, aye?

as I recall, if she's under 18 prior to the marriage

and currently under 21 (you have a few months)

then

the husband can file for an IR-2 , via filing the I-130 , and asking for an expedite with a cover letter ...

i've walked some ppl through this over the last year.

your time is very tight - let me know if you'd like to try ?

An expedite is not necessary and will not be granted. Under the Child Status Protection Act, an Immediate Relative beneficiary's age is frozen on the day the USCIS receives the petition. As long as USCIS receives this petition before the beneficiary's 21st birthday, her CSPA will be under 21 for immigration purposes. Since she will not age out, there is no need to expedite her case due to her turning 21.

The only thing that the petitioner need to do is file the I-130 with all the supporting documents before his stepdaughter's 21st birthday. This is the first step. It is also a critical step. There is no room to screw this up.

Edited March 30, 2012 by aaron2020

[Darnell 8,478]

ah - CSPA - yup yup - there's that. Different Horse, Larger Saddle, Different Girth even.

[DEBANDPHIL 0]

thanks darnell

i guess the long & short of it...is to put in the I-130 now and then when thats approved probably by october time, then daughter finishes university december she can then move across here an apply for adjustment of status.

aaron the reason i said aged 22 is because we didnt want to rush the situation and wanted to look at all angles, so wanted responses if she was over 21,, but as i found out through the responses it would be a long wait, so then asked if she was under 21, both ages gave me answers, and seems the best/quickest ( which was my original question) way of bringing her across here legally..

i dont think a lawyer can do anything for me that i couldnt do when i applied except take unnessasary money from us......

[Deputy Purple 1,294]

i guess the long & short of it...is to put in the I-130 now and then when thats approved probably by october time, then daughter finishes university december she can then move across here an apply for adjustment of status.

Actually with a CR/IR-2 Visa your step daughter will be issued a Greencard after she lands in the US, there is no Adjustment of Status.

If you file the I-130 now her immigrating to the US at the end of the year is a very reasonable time-frame.

[JimVaPhuong 4,863]

thanks darnell

i guess the long & short of it...is to put in the I-130 now and then when thats approved probably by october time, then daughter finishes university december she can then move across here an apply for adjustment of status.

No. You haven't been paying attention. The child's biological parent married a US citizen before the child was 18. This makes the child an immediate relative of the US citizen step-parent. The US citizen step-parent can file a petition for the child as an IMMEDIATE RELATIVE, as long as the petition is received by USCIS before the child is 21 years old. If the petition is received by USCIS after the child is 21 then the visa category changes to family preference, and it will take about 7 years before a visa number will be available. The US citizen step-parent needs to file the I-130 NOW, before the child is 21.

The I-130 petition will be for an IR2 visa. This is an IMMIGRANT VISA. Immigrants do not adjust status in the United States. They are granted immigrant status when they enter the country with their immigrant visa. They get a green card automatically within weeks of entering the US.

[Darnell 8,478]

thanks darnell

i guess the long & short of it...is to put in the I-130 now and then when thats approved probably by october time, then daughter finishes university december she can then move across here an apply for adjustment of status.

not quite right.

No adjustment of status needed, as this is an IMMIGRANT VISA.

Once she comes INTO THE USA on the IMMIGRANT VISA, her 'green card status' is activated, a green card is produced, sent to your address.

She can come across to the USA, and leave same day, getting back to her school. There's a special stamp given at the POE that ACTIVATES the VISA to be used as 1 year temporary green card. Suggest she stay in USA when school is not in session.

Ultimately, after she finishes her masters program, she must to live in USA.

--

I see Jim answered this almost in the same way, with the same issues, but

look - file the I-130 this upcoming week. Heck, you even qualify for an expedite as 'the mother' is already in the usa - you'll have to ask for it, though, in a cover letter submitted with the I-130.

When she has her interview in London - tell her to TAKE OFF FROM SCHOOL and go. Then when the VISA is in her passport - SHE HAS 6 months to arrive in the USA and her status activated via crossing in via a POE.

School is important now, of course - but with a modicum of planning, she can (you can) get all of this done IN PARALLEL to her education timetable, not serially.

Good Luck !

Edited April 1, 2012 by Darnell

[DEBANDPHIL 0]

ahhh so file i-130 now yeh.. then have to have the stepdad/stepdaughter connection approved, then stepdad files affidavit of support, stepdaughter files ds 230 goes for a medical then interview, gets visa in passport and when entering USA automatically become green card holder

[aaron2020 11,651]

ahhh so file i-130 now yeh.. then have to have the stepdad/stepdaughter connection approved, then stepdad files affidavit of support, stepdaughter files ds 230 goes for a medical then interview, gets visa in passport and when entering USA automatically become green card holder

Yes, you've got it. File the I-130 now. Do it before she turns 21.

Edited April 3, 2012 by aaron2020

[Darnell 8,478]

what block you on, on the I-130?