Filing a student visa for my daughter who is 21 years old while processing my I-130

[Elizabeth865 0]

Hi, I have a big concern about appliying for a student program for my daughter who is 21 years old so she couldn't be included in my I-130. We are thinking about to make her to take an undergraduate program but we are not sure if we can do it before our I-130 is approved. We have already sent the application form and we haven't received any response so far. ¿Could this issue be a probem for me if I sent her to the USA on a Student Visa before me?

 

Thank you in advance

Edited February 9, 2019 by Elizabeth865

[Crazy Cat 41,886]

Is she has immigrant intent, she can not enter the US via an F-1 student visa...

 

"The INA requires that at the time of F-1 visa adjudication, the consular officer be satisfied that the alien intends to depart upon termination of his/her student status. Consequently, the consular officer must be satisfied that the applicant, at the time of visa application:

1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the United States upon completion of his/her course of study.

In the context of the F-1 visa application, due to the presumption of the immigration intent rule, an F-1 visa applicant has the burden to prove that s/he possesses a residence abroad that s/he has no intention of abandoning."

Edited February 9, 2019 by missileman

[Elizabeth865 0]

So, there is no way to bring her to the US? I can't abandom her in my country, she is studying still and according to our law she is my dependant until she is 28.

[Crazy Cat 41,886]

5 minutes ago, Elizabeth865 said:

So, there is no way to bring her to the US? I can't abandom her in my country, she is studying still and according to our law she is my dependant until she is 28.

There is no fast route...It will take several years.  You might be interested in this article:  https://www.nolo.com/legal-encyclopedia/filling-out-form-i-130-adult-son-daughter-over-21-us-permanent-resident.html

[Boiler 45,525]

She can apply for a visa to study in the US. Why can she not just carry on her studies in your country?

[SusieQQQ 11,586]

13 minutes ago, Elizabeth865 said:

according to our law she is my dependant until she is 28.

Curious 

 

however in US law that’s not the case. It will be difficult to get an F visa, probably. Is it an option for your husband to move to your country if you can’t leave her alone at university?

Edited February 9, 2019 by SusieQQQ

[Elizabeth865 0]

Since I got my divorce, under the law, both, my ex husband and me are her tutor until she is 21 years old, but since she is studying the law obligue us to pay her an alimony until she finishes her program. If we don´t do it she will be able to lawsuit us and make her to pay her alimnoy from the time we stopped. If she stops studying during her program we have to lawsuit her and prove that she started doing her life so we can stop any kind of legal process.

[milimelo 4,481]

What country is this? 

[Elizabeth865 0]

 

She can apply for a visa to study in the US. Why can she not just carry on her studies in your country?

Because it is more expensive for me to leave her here paying everything if I had a second house. I mean housing, transpor, food, study program and so on...

Chile

[Boiler 45,525]

1 minute ago, Elizabeth865 said:

 

She can apply for a visa to study in the US. Why can she not just carry on her studies in your country?

Because it is more expensive for me to leave her here paying everything if I had a second house. I mean housing, transpor, food, study program and so on...

You might want to look to see how much it costs as an International Student to study in the US.

[milimelo 4,481]

Why can’t she stay with her father? Doesn’t look like he’s going anywhere. 

[Crazy Cat 41,886]

1 minute ago, Elizabeth865 said:

 

She can apply for a visa to study in the US. Why can she not just carry on her studies in your country?

Because it is more expensive for me to leave her here paying everything if I had a second house. I mean housing, transpor, food, study program and so on...

Are you trying to get a visa for her to temporarily study in the US or to immigrate to the US and live?

[Liam2021 583]

It possible unless your daughter is an outstanding students. I know a boy got his student visa while he has petition pending( derivative from parents). However, he was a outstanding students. Another problem is the cost, can you pay around 60k-70k USD each year?.

Edited February 9, 2019 by H&T

[Elizabeth865 0]

Are you trying to get a visa for her to temporarily study in the US or to immigrate to the US and live...

Yes, you know that a program can last a couple of year ...during that time we can fix the way to make her stay.

[Boiler 45,525]

On what basis are you looking for her to be able to stay?