Wife's Daughter... Help!!!

[PRGuy 3]

Greetings everyone!

 

My wife got her GC about 2 weeks ago! 

Her daughter, Who lives in Russia, is 19 years old, and will turn 20 next August. She's now interested in coming to the USA, and we're looking into some information about the process.

1. Which forms should we fill for her?

2. what the approximate time from filling to interview takes (approximately)

3. What if the process takes long enough that she turns 21, and still no interview, decision, etc. Will she be still considered as a child since we petition her when she was 19? or will be considered an adult because she will be already 21?

 

Thanks so much for any help.

 

PRGuy

[Boiler 46,246]

The quickest option would be if you can petition for her but that depends on how old she was when you married, otherwise assuming your wife sponsors he,r reasonable to assume she will age out so you will be looking a Child of a LPR over 21, I assume she is not married.

[SusieQQQ 11,587]

The child will almost certainly turn 21 before the petition is adjudicated. The current wait time for F2A is around 2 years. Depending how long it takes to approve the petition (the longer the better for you) she may still have a CSPA age under 21 when the petition is adjudicated (the length of time it takes to get the petition approved will be subtracted from her actual age to arrive at her CSPA age). If so she will still count as under 21 for immigration purposes.  If her CSPA age is over 21 however, she will be moved to F2B, which currently has a wait time of 6-7 years.

 

I am assuming that you did not get married before she turned 18?

[PRGuy 3]

Thanks everyone!

She was already 18 when we got married. Offered to petition her when i did my wife's petition as well, but she decided to stay in Russia and finish her college there.

[Boiler 46,246]

Well you Wife is the one to file and it will take as long as it takes.

[SusieQQQ 11,587]

4 minutes ago, PRGuy said:

Thanks everyone!

She was already 18 when we got married. Offered to petition her when i did my wife's petition as well, but she decided to stay in Russia and finish her college there.

Ok, so it will be either F2A or F2B depending on processing etc times. Be aware that in either case, as long as mom is an LPR, the daughter has to remain unmarried to be able to immigrate on an F2 basis. If mom becomes a citizen then she can get married and retain the petition, but in that case the category changes to F3 and the wait time stretches to approx 13 years. 

 

 

Edited April 23, 2019 by SusieQQQ

[PRGuy 3]

Thanks for the responses!

Which forms do we have to fill in  order to start the process?

We are guessing that we should start as F2A.

[SusieQQQ 11,587]

1 minute ago, PRGuy said:

Thanks for the responses!

Which forms do we have to fill in  order to start the process?

We are guessing that we should start as F2A.

File I130. 

[PRGuy 3]

Great! we will be working on it ASAP.

Thanks so much for all your help everyone!

[payxibka 10,047]

When was the k1 issued?

[PRGuy 3]

No K-1. AOS after getting married while visiting me.

[NigeriaorBust 4,087]

  This is one of the times a K1 is better,  Had your now wife been a K1 the daughter could have K2'd even at 19 ( assuming it is within a year of the K1 )  

[SusieQQQ 11,587]

47 minutes ago, NigeriaorBust said:

  This is one of the times a K1 is better,  Had your now wife been a K1 the daughter could have K2'd even at 19 ( assuming it is within a year of the K1 )  

With k1 wife couldn’t enter as a tourist and adjust, as was their chosen route.  (As an aside a reason why so many Russian single women get denied visas.)

[Juniper 62]

7 hours ago, PRGuy said:

Thanks everyone!

She was already 18 when we got married. Offered to petition her when i did my wife's petition as well, but she decided to stay in Russia and finish her college there.

Everyone's advice here is relevant.  Please check out my timeline.  My son from Russia was 20 years 2 months at his I-130 F2A Priority Date in Jan 2017.  He just got his F2A visa with CSPA age of 20 years 10 months this April 2019.  He is arriving next week.

 

Your daughter is 19 years 8 months.  File the I-130 for F2A immigration visa asap.  Extremely good chances of getting her here in 26 months (approximate of course)

 

We did the exact same thing with my son finishing college.

 

Edited April 24, 2019 by Juniper

[Amadia 711]

20 hours ago, PRGuy said:

She's now interested in coming to the USA,

 

20 hours ago, PRGuy said:

Offered to petition her when i did my wife's petition as well, but she decided to stay in Russia and finish her college there.

It's unfortunate that you seem like you have to be scrambling now that the daughter decided to have a change of heart.

 

OP, this is comment is not aimed at you......but it irks me when people treat immigration like it's something you can just pick up where you left off, you know. Immigration journeys are a lengthy process that creates stress, anxiety and breakdown of relationships due to the distance and being apart for so long...not to mention to costs associated with them. 😕