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I30 Visa Questions - US Citizen Father bringing daughter from first marriage

By JNEKG in Bringing Family Members of US Citizens to America

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JNEKG Explorer

JNEKG   4

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

Hi Everyone,

It's been a while since I have been on this site as I moved here in Oct 2012. I am married to a US Citizen (was a citizen through birth but didn't reside in the US for more than a year prior to our arrival in 2012). He has a daughter to his first marriage that wants to now come and live with us full time (full custody) and we are wanting to make sure we complete the correct paperwork.

From my understanding we need to file form I30 - is that correct?

She is eligible (if she arrives here) to complete form N-600 with the EXCEPTION of the point that states 'must have entered the USA as a legally permanent resident which I am assuming means she can't come here (from Australia) on the visa waiver program and then we just apply for certificate of citizenship?

Is there anyway she can come on a visa waiver program and then we just adjust status (I-485?) when she is here?

All help and advice is greatly appreciated.

She is due to come in August for the start of school in Sept. She is 14 years old and her parents were married at her birth.

Thanks again

Natalie

USCIS Stage - 10 days total from package received to approved

03/09/12 - I-130 package sent

03/12/12 - package received

03/14/12 - NOA1 received via email

03/22/12 - APPROVED - NOA2 received via email - USC living abroad (8 days)

03/27/12 - NOA2 received in mail

NVC Stage - 34 days from case number to case complete - including messy RFE

04/17/12 - Case has arrived at NVC

04/27/12 - Case number received (25 days from approval)- sent DS3032 via email

05/02/12 - AOS bill received via email

05/03/12 - AOS bill paid via portal & DS3032 accepted

05/04/12 - IV bill received and paid. AOS bill appears as PAID.

05/05/12 - IV bill appears as PAID. Still waiting on replacement marriage certificate.

05/11/12 - DS230 and I864 packages (without marriage cert) sent to joint sponsor before being forwarded to NVC

05/16/12 - marriage cert sent direct to NVC

05/17/12 - I864 and DS230 sent to NVC overnight via fedex - received 05/18/12

05/25/12 - checklist for original marriage and divorce certificates - marriage certificate delivered to NVC

05/30/12 - divorce certificate delivered to NVC

05/31/12 - AOS package accepted - thrilled!

06/01/12 - CASE COMPLETE!!!!!! (email received)

06/07/12 - Interview Date Assigned

06/08/12 - emailed Sydney IV to request earlier appointment - approved 07/03/12

07/11/12 - INTERVIEW DATE - APPROVED

10/06/12 - POE LAX (then onto Seattle)

121 DAYS FROM PETITION TO APPROVAL

Boiler Grand Master

Boiler   46,144

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

August 2017?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Hi Everyone,

It's been a while since I have been on this site as I moved here in Oct 2012. I am married to a US Citizen (was a citizen through birth but didn't reside in the US for more than a year prior to our arrival in 2012). He has a daughter to his first marriage that wants to now come and live with us full time (full custody) and we are wanting to make sure we complete the correct paperwork.

From my understanding we need to file form I30 - is that correct?

She is eligible (if she arrives here) to complete form N-600 with the EXCEPTION of the point that states 'must have entered the USA as a legally permanent resident which I am assuming means she can't come here (from Australia) on the visa waiver program and then we just apply for certificate of citizenship?

Is there anyway she can come on a visa waiver program and then we just adjust status (I-485?) when she is here?

All help and advice is greatly appreciated.

She is due to come in August for the start of school in Sept. She is 14 years old and her parents were married at her birth.

Thanks again

Natalie

The form is an I-130. Then you have NVC processing, a medical, and then finally an interview in her home country.

Once she arrives and is an LPR, her father can apply immediately for a passport. The N-600 isn't needed.

A person cannot come to the USA with a visitor visa (or on the VWP) with the intent to immigrate. It's immigration fraud and is illegal.

AOS is a legal route from the VWP and other non-immigrant visas but it's kind of a "changed our minds due to XX reasons" sort of thing, vs a premeditated thing like you're talking about.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

JNEKG Explorer

JNEKG   4

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
  • Author
Posted

Yes, August 2017. The plan is actually for her just to stay for 6months and attend school for the experience and then return to her mother. I'm considering this path in case she changes her mind and wants to stay permanently. Perhaps a student visa or a nonimmigrant visa is a better option? She will have a return ticket and the duration of her stay is planned to be Aug 30 2017 to Jan 28 2018.

NLR thanks for your response - we certainly aren't trying to do anything wrong hence the question. I did find this information online:

What is a “lawful admission” and “lawful status” for purposes of the CCA? (Child Citizenship Act)

To qualify for US citizenship upon application, you child must have been lawfully admitted to the United States, in any nonimmigrant classification, and your child must have maintained such status until your application for certificate of citizenship is approved and the oath of allegiance is administered.

here is the site: http://www.shihabimmigrationfirm.com/us-citizenship-for-children-born-outside-the-us-part-2.html

USCIS Stage - 10 days total from package received to approved

03/09/12 - I-130 package sent

03/12/12 - package received

03/14/12 - NOA1 received via email

03/22/12 - APPROVED - NOA2 received via email - USC living abroad (8 days)

03/27/12 - NOA2 received in mail

NVC Stage - 34 days from case number to case complete - including messy RFE

04/17/12 - Case has arrived at NVC

04/27/12 - Case number received (25 days from approval)- sent DS3032 via email

05/02/12 - AOS bill received via email

05/03/12 - AOS bill paid via portal & DS3032 accepted

05/04/12 - IV bill received and paid. AOS bill appears as PAID.

05/05/12 - IV bill appears as PAID. Still waiting on replacement marriage certificate.

05/11/12 - DS230 and I864 packages (without marriage cert) sent to joint sponsor before being forwarded to NVC

05/16/12 - marriage cert sent direct to NVC

05/17/12 - I864 and DS230 sent to NVC overnight via fedex - received 05/18/12

05/25/12 - checklist for original marriage and divorce certificates - marriage certificate delivered to NVC

05/30/12 - divorce certificate delivered to NVC

05/31/12 - AOS package accepted - thrilled!

06/01/12 - CASE COMPLETE!!!!!! (email received)

06/07/12 - Interview Date Assigned

06/08/12 - emailed Sydney IV to request earlier appointment - approved 07/03/12

07/11/12 - INTERVIEW DATE - APPROVED

10/06/12 - POE LAX (then onto Seattle)

121 DAYS FROM PETITION TO APPROVAL

TBoneTX Grand Master

TBoneTX   46,171

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is locked in accordance with this provision of the site's Terms of Service: "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method." The OP appears to be fishing for such answers. Do not restart this thread.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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