Filing for minor kids (merged)

[jackanddeona 310]

I'm doing some research on this. At the moment my daughter will be living in Canada with her mother. If the worst happens what is the timeline I'm looking at before being able to bring my daughter to the US? Is there any exceptions for a parent death? I don't really see how I can be expected to move back to Canada for a year because I'm waiting for an i 130.

Edited May 22, 2020 by jackanddeona

[geowrian 22,337]

15 minutes ago, jackanddeona said:

I'm doing some research on this. At the moment my daughter will be living in Canada with her mother. If the worst happens what is the timeline I'm looking at before being able to bring my daughter to the US? Is there any exceptions for a parent death? I don't really see how I can be expected to move back to Canada for a year because I'm waiting for an i 130.

There's no exceptions for needing the appropriate visa to enter the US to live. If you have a qualifying reason to expedite (https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5), you can request that for the I-130. You can also request an expedite at NVC for NVcx + consulate processing, or to get a quicker interview (once visa services resume).

[jackanddeona 310]

4 minutes ago, geowrian said:

There's no exceptions for needing the appropriate visa to enter the US to live. If you have a qualifying reason to expedite (https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5), you can request that for the I-130. You can also request an expedite at NVC for NVcx + consulate processing, or to get a quicker interview (once visa services resume).

I worded that poorly. It was more a question that if her mother dies and she conceivably has no home in canada can I bring her to the us while getting her a visa or does it have to be the 1-130 process. I just want to be prepared in case something happens. Or does that fall under the aos rule that you can't enter the us with the intent to adjust. 

Edited May 22, 2020 by jackanddeona

[geowrian 22,337]

2 minutes ago, jackanddeona said:

I worded that poorly. It was more a question that if her mother dies and she conceivably has no home in canada can I bring her to the us while getting her a visa or does it have to be the 1-130 process. I just want to be prepared in case something happens. Or does that fall under the aos rule that you can't enter the us with the intent to adjust. 

Same response as above - you cannot just bring somebody into the US to live. They need the appropriate visa to enter and stay. Entering with visitor status with intent to AOS is not permitted.

[jackanddeona 310]

Just now, geowrian said:

Same response as above - you cannot just bring somebody into the US to live. They need the appropriate visa to enter and stay. Entering with visitor status with intent to AOS is not permitted.

Ok. Is there any other visa that I could use that is not a i 130 if it is just for a child that would result in her being admitted to the us quicker?

[geowrian 22,337]

1 minute ago, jackanddeona said:

Ok. Is there any other visa that I could use that is not a i 130 if it is just for a child that would result in her being admitted to the us quicker?

Not really. The I-130 is for family-based immigration.

A student visa is possible, although that would not permit her to enter with intent to stay. She would still need to go back home to interview for the immigrant visa.

[jackanddeona 310]

Just now, geowrian said:

Not really. The I-130 is for family-based immigration.

A student visa is possible, although that would not permit her to enter with intent to stay. She would still need to go back home to interview for the immigrant visa.

Ok thanks for the replies. Hopefully it never happens but at least I know the options and can discuss plans with her mother.

[Toy 18]

On 4/10/2020 at 11:59 AM, Aaa2 said:

any one here file i-130 for a minor child and already approved? How long did your child take to approve? I'm just 4 months in case is at the Nebraska service center. Thanks in advance 

Too 8months for my daughter. 

[Southern_Belle07 146]

On 5/22/2020 at 12:18 PM, Firebread said:

Good morning, let him do the filing it is quicker. Use the I-130 for the both of them and just be patient. It will come through.

Thank you. I will do that as I have completed my research. Appreciate your response. 

[Southern_Belle07 146]

Anyone who filed as USC parent to a stepchild last October '21 and got approved already?