Adjusting status within US

[Ragena Miller 0]

I migrated to USA leaving my daughter back home. My usa citizen husband who filed for me told me he would also migrate my daughter (from a previous relationship). My daughter visited us every summer. An I-130 was filed. Covid19 and the stress of Money amongst other things depleted our marriage. Although the I-130 establishing the relationship between my daughter and estranged ex husband was approved, My ex husband is refusing to complete the process of migrating my child. Please advise what steps I should take. I know I can do the I-751 with a divorce waiver at anytime but I’m more concerned about my child who is currently here with me since December due to Covid. Please advise what steps I should take to adjust her status.

[SusieQQQ 11,586]

How old is the child? I presume the child has overstayed by now so being over or under 18 makes a difference in terms of unlawful presence. You have a green card so you could have applied for the child.  However if the child has no status (overstayed) she cannot adjust through you any more.  (Also if she entered on vwp she cannot adjust through you either even if not overstayed ) Does the child have someone to stay with at home to await an immigrant visa if you file a petition?

 

PS you can’t do i751 “any time”, please ensure you understand when you have to file. 

Edited July 11, 2021 by SusieQQQ

[Ragena Miller 0]

She's 10 years old. She entered on an ESTA and overstayed yes. I have my mom back home that she can stay with until.

[Boiler 45,470]

Need to get her home asap.

[SusieQQQ 11,586]

49 minutes ago, Ragena Miller said:

She's 10 years old. She entered on an ESTA and overstayed yes. I have my mom back home that she can stay with until.

She cannot adjust then. The only route is to go home and wait for a visa. 

Also you need to file an i130 for her ASAP. 

[SusieQQQ 11,586]

And make sure you file your i751 on time. 

Edited July 11, 2021 by SusieQQQ

[Ragena Miller 0]

Thank you!

[HRQX 4,145]

3 hours ago, SusieQQQ said:

PS you can’t do i751 “any time”, please ensure you understand when you have to file. 

OP said "ex husband" so looks like she is divorced. The strict 90 day window is only applicable for 'regular' joint filings. https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

Quote

Filing with a request that the joint filing requirement be waived or individually filed. You may file Form I-751 without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. You may file this petition at any time after you are granted conditional resident status and before you are removed from the United States.

[SusieQQQ 11,586]

48 minutes ago, HRQX said:

OP said "ex husband" so looks like she is divorced. The strict 90 day window is only applicable for 'regular' joint filings. https://www.uscis.gov/sites/default/files/document/forms/i-751instr.pdf

I had thought she was still undergoing divorce proceedings but on re-reading agree it looks like it is completed 

[Ragena Miller 0]

My divorce is final

[carmel34 3,623]

Depending on the specifics of your divorce decree from the child's father, you may need his permission for her to eventually come to the US to live.  Good luck with the process!