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

[Elizabeth865 0]

No, if can't make her go, I will stay in my country and make my husband to come to my country, it is easier.

[Boiler 45,496]

That sounds the best solution.

[Elizabeth865 0]

I thought you could provide better answers...

 

 

Thank you anyway

[SusieQQQ 11,586]

22 minutes ago, Elizabeth865 said:

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

No, you will need more time than that. Son or daughter of permanent resident over 21, it is around 7 years before she could get a green card.

 

also you need to demonstrate non immigrant intent for an F1, but there is clear immigrant intent in this case so likely to be denied.

13 minutes ago, Elizabeth865 said:

No, if can't make her go, I will stay in my country and make my husband to come to my country, it is easier.

Probably better solution for now

10 minutes ago, Elizabeth865 said:

I thought you could provide better answers...

 

 

Thank you anyway

Sorry we can’t provide “better answers”, but the law is the law, and it is designed around US immigration considerations... not around unfortunately tricky situations like yours. Good luck, hope you find a workable solution.

Edited February 9, 2019 by SusieQQQ

[JFH 12,190]

1 hour ago, Elizabeth865 said:

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.

Your country actively encourages, even requires, parents and children to sue each other? I can see why you want to leave. What an ugly system. 

 

I think the US is generous in allowing people to bring children up the age of 21 with them. In some cases, the "children" already have children of their own. I was out of the house at 18 with my own apartment. It would never have occurred to me at 19, 20 or 21 to follow my mother if she moved. 

[Just Paul 4,595]

57 minutes ago, Elizabeth865 said:

No, if can't make her go, I will stay in my country and make my husband to come to my country, it is easier.

What are you planning to do with your I-130 petition?  You won't be able to ROC if you are living in Chile.

 

47 minutes ago, SusieQQQ said:

Son or daughter of permanent resident over 21, it is around 7 years before she could get a green card.

That's 7 years after the OP becomes LPR.  Apparently the OP is now thinking of staying in Chile

[SusieQQQ 11,586]

9 minutes ago, Paul & Mary said:

What are you planning to do with your I-130 petition?  You won't be able to ROC if you are living in Chile.

 

That's 7 years after the OP becomes LPR.  Apparently the OP is now thinking of staying in Chile

Yes, because she can’t bring the daughter with. You can read in my post that the sentence you quoted above was in response to a suggestion she made it would take a couple of years. Probably the most sensible suggestion under current circumstances. 

[Just Paul 4,595]

10 minutes ago, SusieQQQ said:

Probably the most sensible suggestion under current circumstances.

Agreed, but OP needs to realize she will never be able to come at the same time as her daughter.  The daughter is too old.

 

They should refile the wife's I-130 when the daughter is ending her junior year, based on current processing timelines.  The good news is OP should get a IR-1.

[Boiler 45,496]

Begs the question with a Daughter of 21 where she is in Education process, how long she has to go, presumably not 28

 

And what she is studying.

 

 

[Jeanne Adil 1,651]

First  of all the student visa is not a fast process either

if you had not applied for other visa ,  the process would have been this"

 

1 she takes the TOEFL  /advised to take it before applying as it is only given a few times a year and taking it before applying means you don't have to wait for this test 

Prospective undergraduate or graduate students who are applying to universities in English-speaking countries, or to programs where English is the language of instruction, will likely be asked to take the IELTS Academic test or the TOEFL, the Test of English as a Foreign Language.

 

2  she applies to a university / this cost to apply

We  apply usually by end of November for the following fall semester

 

3  when accepted ,she pays the fee to hold her place

 

4  larger colleges and universities  have an attorney at this stage to do the work for the student visa 

 

5  for student visa at this stage, she has to prove she can afford the cost of whatever college this is for  including room and board and books and fees/

and to add most colleges require freshmen to live on campus so living with you for  the initial year is not an option

international students (as said above pay a much higher tuition rate than a USC)

 

As you can see the whole process for a foreign student is not easy,  not fast and not cheap

 

[SalishSea 17,829]

2 hours 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...

Chile

If you cannot afford to do that, then you cannot afford the university tuition for a foreign student.

[accumbyte 149]

4 hours ago, Elizabeth865 said:

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.

1. When did you marry your current husband? Was your daughter under the age of 18 at that time?
2. Is your current husband a US Citizen or LPR? I assume US Citizen, but just want to verify.

[kris&me 572]

1 hour ago, Jorgedig said:

If you cannot afford to do that, then you cannot afford the university tuition for a foreign student.

and as said above a student needs housing so you are looking at paying for a second housing unit here

freshmen in a dorm

after that at least an apartment in the city of the college

housing in the US is not cheap  especially in  a college town

for instance Boston has over 50 colleges and universities and students are forced to share with 3 and 4 others to afford this

there are student loans

my stepdaughter now owes $150,000 back in student loans and she is USC

Edited February 9, 2019 by kris&me

[mushroomspore 3,044]

6 hours ago, Elizabeth865 said:

I thought you could provide better answers...

 

 

Thank you anyway

If your circumstances don't allow for a viable immigration route, the ONLY answer is, "You're not eligible to pursue this." Your daughter can only immigrate to the US if HER circumstances alone allow her to do so. You have no legal basis for doing that for her anymore.

[LilyJ 1,258]

Just be aware that if you are issued a CR1 visa but decide to stay in your country instead of entering the US, the CR1 visa will expire, so when, or if, you decide to move to America later on, you'll have to do the process again.