Underage dependant process

[Luna B 1]

I am a green card holder. My daughter is 16. She's in distress - this is an emergency situation.

 

What are my opinions? How long can she legally come be with me as a visitor to the US? Can I apply for her to stay if she is here with me and chooses to do so?

 

[Luna B 1]

Hi, I've been surfing for info after leaving this message. I know it's more respectful to do that first but I'm in a bit of a (sudden) panic.

 

I came across info about the K4 visa. I'll keep looking into that. Wondering mostly how it works and how we'd process it. Obviously having her be able to come her immediately and stay safely would be best, but I know that isn't always possible.

 

Thank you.

[Pinkrlion 2,722]

How long have you been here, and what visa did you obtain?

[Luna B 1]

Hi Pinkrlion.

 

i130

 

I moved here 10 years ago. My husband applied for me.

[Pinkrlion 2,722]

You will have to file I-130 for your daughter.

Edited December 15, 2020 by Pinkrlion

[Luna B 1]

Yes, I saw that. I then saw something about the k4 being a possibility but cant seem to find the process of how long it takes and how to do it. 

 

I should probably contact an immigration lawyer.

[SusieQQQ 11,586]

Was your daughter never listed as a follow to join derivative on your application? There is no time limit on that so if she was she would already be eligible for a visa (there is a process but you can expedite). If not - there will not be any quick way to get her here unless you or your husband file and request a humanitarian expedite, which may or may not be successful (and still won’t be immediate). Assuming your husband is a citizen he can file for a stepchild and that may be faster than you filing.

 

K4 is a non starter.

[Luna B 1]

SusieQQQ

 

Thank you for your time. So, with that, I take it to mean that there is no possible way she can be here legally while we process paperwork?

[Pinkrlion 2,722]

2 minutes ago, Luna B said:

SusieQQQ

 

Thank you for your time. So, with that, I take it to mean that there is no possible way she can be here legally while we process paperwork?

No, Once her visitor's visa allotted time expires she will have to return home.   She can return, but she will need to stay in your home country for most of her paperwork process.  You can go and stay with her since you already have your ten year GC.  Just file for re-entry permit before you leave.  

[Boiler 45,525]

Presumably she is staying with her father, does he agree to her moving.

 

Which Country?

[Luna B 1]

10 minutes ago, Boiler said:

Presumably she is staying with her father, does he agree to her moving.

 

Which Country?

Yes, he believes that being with me is the safest place for her right now.

 

We are Canadian.

[Boiler 45,525]

Well she can visit, what about School?

[Luna B 1]

Just now, Boiler said:

Well she can visit, what about School?

Was hoping to find a way for her to be here legally while we applied for her to live here.

 

With virtual school being commonplace right now, it doesn't seem like a big deal. Granted, without disclosing personal information, school is the last thing on my mind right now. Her safety is far more important.

[Luna B 1]

Just now, Luna B said:

'm actually checking to confirm she even can visit right now. A month ago she could only come by plane, but not by land. I hope that hasn't changed. Covid certainly adds a lot of extra stress to this. She needs to quarantine for 2 weeks when she gets home, so her being alone for 2 weeks is scary on its own.

 

[Boiler 45,525]

5 minutes ago, Luna B said:

Was hoping to find a way for her to be here legally while we applied for her to live here.

 

With virtual school being commonplace right now, it doesn't seem like a big deal. Granted, without disclosing personal information, school is the last thing on my mind right now. Her safety is far more important.

Have you discussed this with her School in Canada?