Need help bringing daughter of USC to US (split thread)

[GodisMyGuide 36]

I know I"m in the wrong thread, but I just need to be pointed in the right direction. I'm a US citizen and my husband is a resident, (he came in 2014 from Dominican Republic). What is the process for bringing his 9 year old daughter to the country? Fees,forms, how long does it take, etc.? Thank you soon much for your help!!!

[meandmom 5]

I know I"m in the wrong thread, but I just need to be pointed in the right direction. I'm a US citizen and my husband is a resident, (he came in 2014 from Dominican Republic). What is the process for bringing his 9 year old daughter to the country? Fees,forms, how long does it take, etc.? Thank you soon much for your help!!!

He needs to file I-130 petition for his daughter, his category will be "Permanent resident filling for a spouse or child under 21".

The approval time will depend on your service center. California and Vermont currently show processing times of 1 year, Nebraska and Texas show 5 months. You can check processing times here: https://egov.uscis.gov/cris/processTimesDisplayInit.do

After a petition is approved, it takes additional 2-4 months to process the paperwork at NVC and schedule an interview at the embassy.

[Pitaya 2,577]

~Split topic to correct forum~

[VZLAN-US-Citizen 11]

I know I"m in the wrong thread, but I just need to be pointed in the right direction. I'm a US citizen and my husband is a resident, (he came in 2014 from Dominican Republic). What is the process for bringing his 9 year old daughter to the country? Fees,forms, how long does it take, etc.? Thank you soon much for your help!!!

GodisMyGuide,

Although timelines from the previous poster are somewhat correct, you must take into consideration that your husband's daughter falls under a priority category... This means that she has to wait in line until a visa number is available for her, and there are other categories that are before her. Because she is the daughter of a permanent resident (your husband), and not a US Citizen like the title of your post suggests.

Yes, your husband needs to file form I-130, Petition for Alien Relative, the filing fee is $420. This form is basically to establish the relationship between your husband and his daughter. Since you are in New Jersey, you have to file to the USCIS Chicago Lockbox, and then your case will be transferred to a larger Service Center... It could be the CSC-California Service Center, the NSC-Nebraska Service Center. the TSC-Texas Service Center or the VSC-Vermont Service Center... I am not sure which one yours would be transferred to, I am not sure what is that based on... It could be proximity to your place of residence or it could be whichever one is not as busy, who knows?... That is where you wait until the I-130 is approved... I've been hearing 2 month approvals from CSC and 6 month approvals for NSC. You can find processing times for each service center here: https://egov.uscis.gov/cris/processTimesDisplayInit.do;jsessionid=bacXD1OC9RCyFagQNRyeu

Once approved (meaning they believe that she is his daughter and it's all true)... she will be in line waiting for a visa number for her depending on the preference, that is where you go to the Visa Bulletin and see what the waiting times are for each case:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Right now, for her preference, which is F2A they are currently reviewing cases that were submitted in April of 2014. What this means for you is that her period of wait time could be about a year and a half for a visa number to be available for her, which is not that bad. Once her visa number is available then you can begin the process with the National Visa Center, who will review the case and require more fees, forms and paperwork (i-864 Affidavit of Support + $120, Form DS-260 $325), and that might take 2-4 months... Then after NVC approves the case, they will send it to the Embassy in your husband's home country, and then give his daughter an interview there. After the interview she will get (if approved) her Legal Permanent Resident Visa (Green Card), and she has 6 months time window to come to the states.

Hope that helps a bit.

[aaron2020 11,651]

It's best that the US citizen stepparent petitions the 9 years old. This would be an Immediate Relative case. The case would take about a year.

It would be a 2 years wait in the F2a family preference for a visa if the LPR father petitions for his daughter.

[aaron2020 11,651]

He needs to file I-130 petition for his daughter, his category will be "Permanent resident filling for a spouse or child under 21".

The approval time will depend on your service center. California and Vermont currently show processing times of 1 year, Nebraska and Texas show 5 months. You can check processing times here: https://egov.uscis.gov/cris/processTimesDisplayInit.do

After a petition is approved, it takes additional 2-4 months to process the paperwork at NVC and schedule an interview at the embassy.

Incorrect.

The father is an LPR. If he petitions, it would be an F2a case where the current wait is 2 years for a visa.

If the USC stepparent petitions, it would take about a year.