I-130 but want to bring her here on a student visa

[Marc&Rosie 0]

My wife filed the I-130 for her daughter. She was 20 at the time. Since she has of course gone past that age. We've been waiting forever for the decision on the I-130. Each time we go in there it's longer. Now at 17 months. Anyway, is there a way...is it possible...to recind the request for the 130 and go with the student visa? Gunds are available to take care of her schooling here. Anyone go through this? Any suggestions would be greatly appreciated. My wife had contracted a 'famous' law firm in Beijing that said it's not. THANKS!! Marc and Rosie

[Marc&Rosie 0]

My wife filed the I-130 for her daughter. She was 20 at the time. Since she has of course gone past that age. We've been waiting forever for the decision on the I-130. Each time we go in there it's longer. Now at 17 months. Anyway, is there a way...is it possible...to recind the request for the 130 and go with the student visa? Funds are available to take care of her schooling here. Anyone go through this? Any suggestions would be greatly appreciated. My wife had contracted a 'famous' law firm in Beijing that said it's not. THANKS!! Marc and Rosie

I spelled Funds 'Gunds' just wanted it to be clear.

Edited April 4, 2013 by Marc&Rosie

[Marc&Rosie 0]

Sorry...this should be in the "family of permanent residents". If someone could change that I'd appreciate it. THANKS!

[newacct 688]

If you rescind the I-130, the daughter will pretty much never immigrate, because she's at least 21, and the wait for the priority date for adult children categories is super long.

[Marc&Rosie 0]

But she just wants to come here for school now. Not immigrate.

[Penguin_ie 5,997]

*** Moving from Bringing Family of USC to Bringing Family of Grencard holders as requested by OP***

Technically, yes you can do that.

Realistically, it is unlikely a student visa will be granted as the daughter has obvious imigrant intent.

[bigdog 376]

*** Moving from Bringing Family of USC to Bringing Family of Grencard holders as requested by OP***

Technically, yes you can do that.

Realistically, it is unlikely a student visa will be granted as the daughter has obvious imigrant intent.

[Marc&Rosie 0]

Obvious that she wants to come to America to study. I guess I just don't understand why it is sooooo difficult for someone as innocent as her daughter to come here to study. Maybe some day she might want to move to America, but that isn't in her plan right now. This whole mess started when our attorney made a mistake on her K2 and said it was OK if she came here for a few weeks to visit, could go back to London (where she's studying now) and then when she needed to come back to America and take care of the biometrics and interview if needed she could. Wrong as of course a K2 is a single entry visa. Only mistake we made in this whole thing is trusting this attorney. Now her daughter is paying for it maybe for her whole life. Right now the 130 says it's processing in 17 months. We sent it in December 2011. But each time it gets close they crank the number of months up. There just seems like there's got to be something a person can do to allow her to come here and maybe fullfill her dream of studying in America and having the right to come and go as she pleases. I think it's a travisty that this system is so quick to hold peoples lives in their hands and not really care. Sorry. Had to vent...a little.

[Boiler 46,143]

Whydid you apply for her to immigrate if she does not want to live in the US?

[Pitaya 2,577]

*** Moving from Bringing Family of USC to Bringing Family of Grencard holders as requested by OP***

Technically, yes you can do that.

Realistically, it is unlikely a student visa will be granted as the daughter has obvious imigrant intent.

OP: It helps everyone that uses the forum.

[Marc&Rosie 0]

She wanted to move here, but with all the hassle it makes her feel like America just does not want her here. If she can go to school here she wants to. And it's not to say that someday, down the road that she might like to live here, but that will be up to her. We're just trying to do all we can for her to live her life as she wants right now. She wants to come to America to study.

Plans change. Unfortunately, they changed for her because we believed in our attorney. An immigration attorney. If he had not made the mistakes he made, she'd be here right now, have her green card and be studying in America.

[Boiler 46,143]

So why did she go to Uni in London.

[Darnell 8,479]

So why did she go to Uni in London.

Bad advice from an attorney, at the time. She actually hit USA soil on a K-2, and things went wonky after that.

<EOM>

Edited April 6, 2013 by Darnell

[Boiler 46,143]

The way I read it is that she was at UNI in the UK before all this happened, and many now wish to switch to a US College.

I think.

[Marc&Rosie 0]

As happens often in China, her father dictated where she went to college. She wanted to come to America, but her father had the final say. His sister lives there. He wanted her to 'take care' of Ashley while she was there.

Anyway, I still find it hard to believe that there is not something fairly easy to do to get around all that has happened and just have her be able to come here and study. I figured from the vast knowledge on this site that someone would possibly have some experience in such things and could set us off in the correct direction.

We made a mistake as all this started to progress. We were waiting for Rosie's green card to go through and Ashley her daughter had been given the K2. Ashley wondered if she could come to America on the K2 and visit, go back to London and then return to take care of the green card process when it came up. Upon the advise of our immigration attorney, we allowed that to happen. He said she would just have to come over again for a few weeks to take care of the biometrics and interview if there was one (which he said you ALWAYS have an interview for a green card...we never did...many people never do)and it was fine that she came over. Of course, that was terribly wrong. The mistake we (I take responsibility) was that I trusted his expertise. I should have studied more, but I felt I'd rather spend all the money to hire an attorney to make sure it was done perfectly than take a chance on me misunderstanding something and screwing it up. Turns out, I know more about it than he does. Or at least now I do.

It seems that the United States government would be able to look at how this all went down and be compassionate to these facts and work with us, or other people that might have such situations. But all you ever hear is "that's the way it is" and that's that. I sent a letter to Michelle and Barack Obama to try to bypass all the drones we have in the government able to only read what it says in a book than really give you any help. I got back (I expected such) a form letter that said that the immigration laws were being reviewed and that they hoped that someday all these concerns would be resolved, but as of now, "that's the way it is".

Contacted the governor's office. Same thing.

Thanks for the responses. Hope everyone has a wonderful day.

Marc