A2A INA MINOR CHILD OF LPR

[Tcwolt 0]

I am a Canadian and I am a Legal Permanent Resident (green card holder) married to a US Citizen, I live and work in the USA, I came to the USA on a K-1 visa.  On my initial K-1 visa application I named my minor child age 11 as Child To Follow, I needed time to allow her to adjust to the idea of moving and I needed time to convince her father to let her move.  We initially understood that by stating "child to follow" would mean that I could bring her anytime while I was a LPR before removing conditions, apparently this was not the case.  In March 2017 my daughter now age 13 finally announces that she wants to move to live with me, life with dad is not suitable as substance abuse is involved, her needs are being neglected, my child needs her mother, she wants to come asap, I am forced to tell her she can't (hardest thing I have ever done in my life). On March 30, 2017 I mailed form I-130 with payment to USCIS, on April 19, 2017 I received Form I-797C Notice of Action with priority date of April 19, 2017. On July 14, 2017 I requested Expedited Processing due to Significant Compelling Circumstances as my child is being neglected by her father and needs to come live with me asap.  On July 19, 2017 I received an email asking me for supporting evidence, on July 24, 2017 I faxed all the evidence I could gather, they told me to wait 30 days then follow up.  On August 21, 2017 I followed up on my Expedite request and was told they did not receive my supporting evidence, I faxed it again on August 22, 2017, they told me to wait 30 days then follow up again.  On October 13, 2017 I followed up again by phoning USCIS, they told me it would be another 60 days and to fax whatever additional info I had, I faxed a conformed legal copy of custody documents signed by myself and my daughters father giving me full custody which was filed in court in the State of Washington.  I now have full custody of my child along with an agreed parenting plan filed with the court, and my child is still living with her father in Canada.  From what I've read, I am beginning to lose hope that my daughter will ever be able to come live with me before she graduates. I am terrified that I am going to lose her and miss out on all the wonderful things that moms and daughters get to enjoy together during the final years of high school.  I have contacted a Congresswoman and have asked for help.  My daughter is at a vulnerable age and is living in a neglectful environment at her fathers house.  Does anyone have any ideas or suggestions on how I can move things along?   I filed my Form I-751 a few days ago to remove conditions of my LPR.  It makes me very sad that I was misguided when we initially filed for my K-1 visa, they said it was ok to say "child to follow" and bring her later, they never said that later was a whole new application separate from my own and that we would have to wait years to bring her.  I regret allowing my child time to choose.  Any suggestions would be appreciated.  Thanks.

Edited November 28, 2017 by Tcwolt

[Ontarkie 14,499]

Did you file for her or was it your husband? It makes a huge difference in length of time.

 

Also sorry about being misinformed about the follow to join option. It's one year from you getting your visa. 

 

I'm also surprised the courts in Washington touched your child custody case. They normally don't touch cases from out of Country because they cannot undo custody in Canada. You should consult a lawyer in Canada to find out if that change will stand.

[Boiler 46,121]

Did your Husband file for her? I may have missed it due to lack of punctuation.

[Tcwolt 0]

If one year what were the documents that could have been filed in order to bring her?  There was no info on this....not that it matters now, but maybe for others?

 

 The child custody will stand, there is no other custody order.  

 

I filed for her as a Permanent Resident and because I am mom.  I didn't think my husband could file as he is not her legal father.  

Edited November 28, 2017 by Tcwolt

[Ontarkie 14,499]

Just now, Tcwolt said:

If one year what were the documents that could have been filed in order to bring her?  There was no info on this....not that it matters now, but maybe for others?  The child custody will stand, there is no other custody order.  

There may not be an order but Washington does not have jurisdiction over a child living in Canada. Please talk to a Canadian lawyer. 

[Boiler 46,121]

4 minutes ago, Tcwolt said:

If one year what were the documents that could have been filed in order to bring her?  There was no info on this....not that it matters now, but maybe for others?

 

 The child custody will stand, there is no other custody order.  

 

I filed for her as a Permanent Resident and because I am mom.  I didn't think my husband could file as he is not her legal father.  

K2 follow to join within a year is widely known.

 

2 year wait for a visa number to be current for a PR filing for a child. So nothing to expedite.

 

No need for a visa number if your Husband had filed.

Edited November 28, 2017 by Boiler

[geowrian 22,338]

I'm sorry to hear about you and your child's circumstances.

 

As noted above, follow to join is permitted, but there's a time limit of 1 year after the K-1 is issued. After the 1 year, she needs to be petitioned separately.

The USC should do this for his stepchild as this is the fastest route (~1 year)...doing so yourself as an LPR will take ~2 years. An expedite can't do much to help that case since there needs to be an immigrant visa number available anyway (~18 months for a child of an LPR).

 

1 minute ago, Tcwolt said:

If one year what were the documents that could have been filed in order to bring her?  There was no info on this....not that it matters now, but maybe for others?

You would have had to file a DS-160 for her to apply for a K-2 visa, then she would do the medical, get police certs, birth certificate, then she would interview. It's basically the same general process you went through to get the K-1 visa (except the already-approved I-129F would be used).

[Tcwolt 0]

1 minute ago, Boiler said:

K2 follow to join with a year is widely known.

 

2 year wait for a visa number to be current for a PR filing for a child. So nothing to expedite.

 

No need for a visa number if your Husband had filed.

But how could my husband file if he isn't her legal father?   And I had NO idea about the K-2 follow to join, lovely, so basically we are screwed.  I am so upset 😢

[Boiler 46,121]

1 minute ago, Tcwolt said:

But how could my husband file if he isn't her legal father?   And I had NO idea about the K-2 follow to join, lovely, so basically we are screwed.  I am so upset 😢

He is her Step Father, he filed a K2 on that basis which you did not use.

 

Same deal.

[Ontarkie 14,499]

Because you married him before she turned 18 or is that 16? Anyway because she was 11 when you married your husband can petition her as a step parent. Get the forms in the mail asap. Heck at this point I would also ask to expedite with all the proof you sent in with your petition. All they can say is no. 

 

Do you have any family she could stay with or heck since it's that bad how about a trusted friend? 

[Boiler 46,121]

Could you go and look after her?

[Tcwolt 0]

1 minute ago, Ontarkie said:

Because you married him before she turned 18 or is that 16? Anyway because she was 11 when you married your husband can petition her as a step parent. Get the forms in the mail asap. Heck at this point I would also ask to expedite with all the proof you sent in with your petition. All they can say is no.

But can he file a petition if I already have one going?  Not that they have approved mine yet as it is still pending.  But i thought I read somewhere, where you couldn't file two petitions for the same person.  I would have to cancel my petition and then I would lose my fee right?  And is it for sure that my husband can petition his step child?  She didn't take his last name and he isn't going to legally adopt her.  

 

I'm kicking myself for not asking on here sooner, how did I not know about the K-2?  I'm so mad at myself. 

[Tcwolt 0]

3 minutes ago, Boiler said:

Could you go and look after her?

I have a full time job here, I have a farm and animals, I can't leave.  She is 30 minutes away, I go get her every weekend and bring her here to visit.  I take her back every Sunday night, most times to an empty house, it's heartbreaking.  I am devastated.  

[Boiler 46,121]

No limit to the number of petitions you can have running.

 

STRONGLY suggest you spend some time reading up on the process, lots of good information on here, but maybe a ase to employ an Immigration Lawyer.

[Boiler 46,121]

Just now, Tcwolt said:

I have a full time job here, I have a farm and animals, I can't leave.  She is 30 minutes away, I go get her every weekend and bring her here to visit.  I take her back every Sunday night, most times to an empty house, it's heartbreaking.  I am devastated.  

In the circumstances could you get a leave of absence, hopefully most Employers would be sympathetic, I would be.