IR2 or K-4 visa, need to bring my stepdaughter ASAP

[NikLR 13,232]

2 hours ago, payxibka said:

I-130 will need to go to the USCIS service center in the states.  Once it has navigated that process then it will go to NVC and then to London

 

Consular processing is only available if the USC is resident outside the USA

The child would be doing consular processing as she would not be adjusting her status.  They would not be doing DIRECT consular processing.   https://www.uscis.gov/greencard/consular-processing

[payxibka 10,047]

7 minutes ago, NikLR said:

The child would be doing consular processing as she would not be adjusting her status.  They would not be doing DIRECT consular processing.   https://www.uscis.gov/greencard/consular-processing

Hello.  All visas are consular processed.

 

I said they are not eligible to have the i-130 consular processed because they are trying to expedite

[Auds 223]

Please answer on age of child first of all.

[Hypnos 6,578]

Provided you married before your stepdaughter turned 18 then you'd file the I-130 and it would take around 12-14 months for her to receive her immigrant visa. 

 

If you got married after she turned 18 then instead your husband would have to file the I-130 and it would take either two years or seven years depending on if she is (or will shortly be) 21. In this scenario it will become faster if your husband naturalises. 

Edited January 29, 2018 by Hypnos

[ErinC 0]

She is almost 14 years old and we got married when she was 3 years old. She lives in the UK as she is a UK citizen. It is nearly impossible to get a child taken away from a mother in the UK and believe me, even with all the proof we had, it was not enough. At the time she did not want to move with us as her mother made her feel guilty as did the rest of the family. Now, she has been to the US so many times and loves it here and has finally found her own voice to say what she wants. She realizes now that the lifestyle around her is not good. As does the mother, which is why teh mother is finally agreeing to let her live with us, and where we dont have to spend thousanads of dollars fighting in court to get nowhere, like last time. I was just hoping now that we have the mother's cooperation, there would be  faster way to get her here. I guess not, which sucks. 

1 hour ago, Auds said:

Please answer on age of child first of all.

She is 14. I married her dad when she was 3. 

[NikLR 13,232]

Glad to know they have both realized what is best for her.  I know this must be hard on her mom, but sometimes letting go is the best choice to make for your child.  

Hopefully her processing will be speedy. 

[ErinC 0]

1 hour ago, payxibka said:

Hello.  All visas are consular processed.

 

I said they are not eligible to have the i-130 consular processed because they are trying to expedite

So, who do I contact to try to expedite? NCIS in Phoenix? NVC? Or London Embassy?

[NikLR 13,232]

1 minute ago, ErinC said:

So, who do I contact to try to expedite? NCIS in Phoenix? NVC? Or London Embassy?

 USCIS after getting your NOA1.  It really all depends on where the I-130 ends up. 

[payxibka 10,047]

2 minutes ago, ErinC said:

So, who do I contact to try to expedite? NCIS in Phoenix? NVC? Or London Embassy?

USCIS because that's where the I-130 is filed and is by far the longest part of the journey.  Phoenix is not a service center but a mailbox site

[ErinC 0]

Is it possible to bring her here as a visitor while the I-130 is pending, and then once it is processed, apply to Adjust her status from the US? 

Or Can she come for a short while and then return for consular processing at the London Embassy when it's time for the interview?

[Hypnos 6,578]

The second one, since she isn't already in the US.

[geowrian 22,338]

1 hour ago, ErinC said:

Is it possible to bring her here as a visitor while the I-130 is pending, and then once it is processed, apply to Adjust her status from the US? 

Or Can she come for a short while and then return for consular processing at the London Embassy when it's time for the interview?

She is allowed to visit for up to whenever her I-94 permits (90 days for VWP). It is fraud to enter the US on a tourist visa or ESTA with intent to AOS, so that is not an option.

[CEE53147 559]

Since you are a citizen, you can petition for her. A person can have more than one going at the same time; it just costs the extra fees. Have her move on the first approved and cancel the other.

 

Be sure he gets legal custody not just an informal agreement with the mother allowing relocation to US..

 

He should immediately file for a reentry permit in case it is needed.

 

Can she be placed temporarily in a boarding school just to get her out of the house?

 

Have a well qualified immigration attorney assist you. At the very least, have the attorney review the forms to be submitted. Your stepdaughter does not need delays because of an avoidable error.

[Auds 223]

She can visit and put your papers in very carefully so there are no further delays.

 

do send an expedite request.  Good luck.

[Daisy.Chain 317]

Even an expedite won't be fast. Perhaps you or your husband could go there to be with her short-term?