Help if you can

[Marc&Rosie 0]

My wife has her green card and will be going for her 10 year gc this year. Her daughter had been given a K2 and due to bad advice from our 'former' attorney, she lost that right. We then had no recourse but to file for the I130 and she was under 21 at the time. She's now 22 and we're still waiting to see what the outcome of this is. Was 6 months processing time then 10 now it's said to be 15.1 months (CA) we live in WI. Anyway, will there be any problems with us foregoing the I130 and bringing her here under a student visa? She's in London now going to school but wants to come to America to study. Thanks for any help!! Marc and Rosie

[Penguin_ie 5,993]

They may be suspicious of her coming with a F1 visa, with her immigrant visa in process and the possibility of aging out. That being said, if you can afford the application fees and university fees, no harm in trying. Even if she gets denied, it would not affect the immigrant visa.

[bigdog 376]

They may be suspicious of her coming with a F1 visa, with her immigrant visa in process and the possibility of aging out. That being said, if you can afford the application fees and university fees, no harm in trying. Even if she gets denied, it would not affect the immigrant visa.

:thumbs:we are in same situation, son is studying at University in China.

[aaron2020 11,651]

My wife has her green card and will be going for her 10 year gc this year. Her daughter had been given a K2 and due to bad advice from our 'former' attorney, she lost that right. We then had no recourse but to file for the I130 and she was under 21 at the time. She's now 22 and we're still waiting to see what the outcome of this is. Was 6 months processing time then 10 now it's said to be 15.1 months (CA) we live in WI. Anyway, will there be any problems with us foregoing the I130 and bringing her here under a student visa? She's in London now going to school but wants to come to America to study. Thanks for any help!! Marc and Rosie

Processing of the I-130 is only the first step. She will be waiting much longer than 15.1 months. The current wait for an LPR to petition for an unmarried daughter over 21 is 8 years. So, it will be another 7 years before she can get an immigration visa through this petition.

She can apply for the student visa. To qualify, she needs to show a foreign home that she intends to return to after she completes her education and not have the intent to use her student visa as a means to immigrate early to the US.

[Darnell 8,478]

OK - so she was under 21 at the time the I-130 was filed.

That's a plus, maybe.

Please call into USCIS tomorrow, get an ISO, and talk about the child being covered under CSPA.

The thing that nails it - is if the USCitizen, the step-father, filed the I-130.

If the mother, the LPR, filed it, then is totally different calendar, expect a very long wait.

Edited January 15, 2013 by Darnell

[Darnell 8,478]

i think all the permutations on this got covered over at http://www.visajourney.com/forums/topic/361616-please-help-clear-this-up/

[aaron2020 11,651]

OK - so she was under 21 at the time the I-130 was filed.

That's a plus, maybe.

Please call into USCIS tomorrow, get an ISO, and talk about the child being covered under CSPA.

The thing that nails it - is if the USCitizen, the step-father, filed the I-130.

If the mother, the LPR, filed it, then is totally different calendar, expect a very long wait.

The petitioner, mom, is an LPR.

The beneficiary is over 22. The petition was filed 15 months ago which means the beneficiary was darn close to 21 when the petition was file.

CSPA will freeze her age in 8 years. CSPA will not help her. So LPR mom filing before her 21st birthday gets them nothing.

[blackgirl 0]

My wife has her green card and will be going for her 10 year gc this year. Her daughter had been given a K2 and due to bad advice from our 'former' attorney, she lost that right. We then had no recourse but to file for the I130 and she was under 21 at the time. She's now 22 and we're still waiting to see what the outcome of this is. Was 6 months processing time then 10 now it's said to be 15.1 months (CA) we live in WI. Anyway, will there be any problems with us foregoing the I130 and bringing her here under a student visa? She's in London now going to school but wants to come to America to study. Thanks for any help!! Marc and Rosie

It takes 3 years . its a long process for her. if your wife filed under 21 then she will be interviewed after her 24th birthday . Same for my daughter i filed I-130 under 21 year 2008 and she was interviewed on September 21, 2011 after her 24th birthday on Sept. 13, 2011. she flew November, 2011..