Options for Stepchild in Mexico to come to US.

[AdriMtzMacias 0]

My husband just recently got approved for his Green Card. His 17 year old daughter that's in MX wants to come live with us. She had previously had a visitors visa that expired about a year ago. We tried to renew it but her application was denied. We think it was due to my husband's pending application at the time. Could she renew again and maybe be approved this time, since his application is complete and approved; or is there an easier route. Is there another visa available to her as my stepchild? I am a US citizen. We are also married in Mexico. 

The attorney that helped us with my husband's application charges us over 4grand and I just wondered how difficult it would be if I just submitted the applications myself. I sponsored my husband for his Green Card.

 

 

[mytruelove18 608]

3 hours ago, AdriMtzMacias said:

My husband just recently got approved for his Green Card. His 17 year old daughter that's in MX wants to come live with us. She had previously had a visitors visa that expired about a year ago. We tried to renew it but her application was denied. We think it was due to my husband's pending application at the time. Could she renew again and maybe be approved this time, since his application is complete and approved; or is there an easier route. Is there another visa available to her as my stepchild? I am a US citizen. We are also married in Mexico. 

The attorney that helped us with my husband's application charges us over 4grand and I just wondered how difficult it would be if I just submitted the applications myself. I sponsored my husband for his Green Card.

 

 

4 grand , waoo . You could do the process yourself. She is minor why the lawyer didnt put her on the petition and she could immigrate with her father.

she could immigrate as derivative.

Who Qualifies as an Accompanying Relative

In the preference categories, once a U.S. citizen or resident submits an I-130 petitionfor a foreign-born relative, that person's spouse and children (unmarried, under the age of 21) will automatically be included in the immigration process (if they wish) as a so-called "derivative" beneficiary.

The U.S. petitioner needs only name them on the I-130 to start the process for them. (Eventually, however, they will have to submit their own, independent applications for an immigrant visa or green card.)

[Chancy 6,243]

1 hour ago, AdriMtzMacias said:

I just wondered how difficult it would be if I just submitted the applications myself.

 

Many here on VJ have successfully navigated the immigration process for their stepchildren, without help from lawyers.  You may start the process yourself by filing an I-130 petition for your stepchild.  After the petition is approved, your stepchild may immediately proceed with CR2/IR2 visa application.  Details below --

• Official USCIS I-130 form instructions -- https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf
• VJ's guide to bringing a child to the US -- https://www.visajourney.com/guides/us-immigration-guide-for-children/

After you've read through the above references, feel free to ask here if you have specific questions.

 

46 minutes ago, mytruelove18 said:

she could immigrate as derivative.

 

No, she couldn't.  The child requires a separate I-130 petition.  Derivatives are not allowed for immediate relative (IR) categories.  Spouse of a US citizen is an IR category, so no derivatives allowed.  As mentioned in the text you quoted above, only preference categories (like F2A) may have derivative beneficiaries.

 

Edited April 22, 2022 by Chancy

[Chancy 6,243]

55 minutes ago, AdriMtzMacias said:

His 17 year old daughter that's in MX wants to come live with us. She had previously had a visitors visa that expired about a year ago. We tried to renew it but her application was denied.

 

If the intention was for her to come live in the US, her B visa renewal application was rightfully denied.  Traveling to the US on a B1/B2 visa, with pre-conceived intent to stay and adjust status is fraud.  The correct visa type for minor children of USC to immigrate is CR2/IR2 visa.

 

[AdriMtzMacias 0]

24 minutes ago, Chancy said:

 

If the intention was for her to come live in the US, her B visa renewal application was rightfully denied.  Traveling to the US on a B1/B2 visa, with pre-conceived intent to stay and adjust status is fraud.  The correct visa type for minor children of USC to immigrate is CR2/IR2 visa.

 

She and my husband both had a b1/b2 visa prior to us even meeting and getting married. We married in 2020. My husband came into the US and stayed when we got married and we applied for adjustment. During that timeframe, his daughter's visa expired and when we tried to renew it, so she could visit us; it was denied. Intent was to visit but with my husband's pending application; we figured that was probably the issue. At this point we just don't want to spend money on another application for a b1/b2 and it be potentially denied if I can get her residency. 

When they denied it, all they told her was to go back when she turned 18. BUT at that point; if we did want to bring her to the US to live with us could we since she'd no longer be a minor?

From the research I've done it looks like I can apply for an I-130 and if approved she would then go through consular processing in Mexico and given a visa that way so she can travel to the US then apply for a LPR card here. (I might be wrong)

4 grand just seems like sooo much money if I can process it myself. 

[nastra30 2,359]

25 minutes ago, AdriMtzMacias said:

From the research I've done it looks like I can apply for an I-130 and if approved she would then go through consular processing in Mexico and given a visa that way so she can travel to the US then apply for a LPR card here. (I might be wrong)

Right. She will automatically become a LPR as soon as she enters the US with I-130 issued visa.

[nastra30 2,359]

28 minutes ago, AdriMtzMacias said:

When they denied it, all they told her was to go back when she turned 18.

This was important advice otherwise she would have accrued unlawful presence in the US and would be banned from the US for sometime.

[Chancy 6,243]

13 minutes ago, AdriMtzMacias said:

From the research I've done it looks like I can apply for an I-130 and if approved she would then go through consular processing in Mexico and given a visa that way so she can travel to the US then apply for a LPR card here.

 

You may file an I-130 petition for her now, but no rush.  As long as you file the petition before her 21st birthday and she remains unmarried, she will be under IR2 (minor child of USC) category.  After she completes the visa process in Mexico and enters the US with her IR2 visa, she will immediately become an LPR.  As in, the moment she steps through the immigration line at the airport and gets the CBP entry stamp on her passport, she's already a green card holder.  No need to apply for a GC, though you'll still need to pay USCIS $220 to print and deliver the plastic card.

 

[AdriMtzMacias 0]

18 minutes ago, Chancy said:

 

You may file an I-130 petition for her now, but no rush.  As long as you file the petition before her 21st birthday and she remains unmarried, she will be under IR2 (minor child of USC) category.  After she completes the visa process in Mexico and enters the US with her IR2 visa, she will immediately become an LPR.  As in, the moment she steps through the immigration line at the airport and gets the CBP entry stamp on her passport, she's already a green card holder.  No need to apply for a GC, though you'll still need to pay USCIS $220 to print and deliver the plastic card.

 

Oh, that's great to know! We will talk to her about this and maybe choose this route. If she was approved and then decided to not live in the US would she face any issues going back to Mexico. I think she would like to consider a life in the US but if for any reason, it ended up not being what she expected, would there be any ramifications? My husband and I travel frequently as we both have family ties back in Mexico but we do reside permanently in the US but as for her, we can't really decide that for her; she's 17. I think that's still a tough decision for her to make without having been here and experienced life here for more than a weeks' time.  

 

Ideally, we just don't want to make a mistake and if she did want to return back to Mexico and not live here, have her later face issues, if she simply just wanted to come and visit us. 

 

We want to run every scenario possible to her before we move forward in anyway. 

Edited April 22, 2022 by AdriMtzMacias

[Chancy 6,243]

2 minutes ago, AdriMtzMacias said:

I think she would like to consider a life in the US but if for any reason, it ended up not being what she expected, would there be any ramifications?

 

Options --

1. Ideally, if she can stay in the US for 5 years (maybe with a few weeks vacation abroad every year), she can apply for citizenship.  After she becomes a USC herself, she can live abroad if she wants.
2. If she doesn't want to stay that long and wants to go back to live in Mexico, you can try to persuade her to stay for a few months more to get her biometrics taken for a re-entry permit.  The re-entry permit will allow her to stay in Mexico for 2 years (or more, after renewal) while still remaining a US LPR.  This way, in case she changes her mind and decides she wants to live in the US again, she can, within the valid period of her re-entry permit.  No need to go through the whole visa process again.
3. If she really can't stand to live in the US, she can give up her green card by filing form I-407.  That way, she'll no longer be obliged to keep filing US taxes.  But if she ever changes her mind after she turns 21, she'll have to wait 25 years or so before she can immigrate again through you or your husband.

[AdriMtzMacias 0]

Thank you for this information. It's been very helpful; we will need to run this by her before we make a decision on how to proceed. 

[Crazy Cat 42,298]

12 hours ago, mytruelove18 said:

4 grand , waoo . You could do the process yourself. She is minor why the lawyer didnt put her on the petition and she could immigrate with her father.

she could immigrate as derivative.

Who Qualifies as an Accompanying Relative

In the preference categories, once a U.S. citizen or resident submits an I-130 petitionfor a foreign-born relative, that person's spouse and children (unmarried, under the age of 21) will automatically be included in the immigration process (if they wish) as a so-called "derivative" beneficiary.

The U.S. petitioner needs only name them on the I-130 to start the process for them. (Eventually, however, they will have to submit their own, independent applications for an immigrant visa or green card.)

This is inaccurate for immediate relatives of US citizens.  She would require a separate I-130. 

Edited April 22, 2022 by Crazy Cat

[Loren Y 2,756]

I am at the end of our I-130 for my stepson. Was an easy process to do online. Definitely save yourself the 4 grand. He just got DQ'ed, and we are awaiting the interview. He is currently 17 now and unmarried. will take about 12-14 months to get thru the process. I am at month 11 right now, and have probably another month til interview. Since I brought my wife on a K1 we had almost all the forms and paperwork we needed from that whole process, so he just had to get a passport, police clearance certificate, and we did all the vaccinations when we first applied, so he has them all complete for his medical exam now because it takes about 8 months to get thru the whole series of a few vaccines.

[dwheels76 5,469]

14 hours ago, AdriMtzMacias said:

Oh, that's great to know! We will talk to her about this and maybe choose this route. If she was approved and then decided to not live in the US would she face any issues going back to Mexico. I think she would like to consider a life in the US but if for any reason, it ended up not being what she expected, would there be any ramifications? My husband and I travel frequently as we both have family ties back in Mexico but we do reside permanently in the US but as for her, we can't really decide that for her; she's 17. I think that's still a tough decision for her to make without having been here and experienced life here for more than a weeks' time.  

 

Ideally, we just don't want to make a mistake and if she did want to return back to Mexico and not live here, have her later face issues, if she simply just wanted to come and visit us. 

 

We want to run every scenario possible to her before we move forward in anyway. 

Also know this is no fast process and Mexico is very backlogged. You are looking at 2 to 3 years at present processing from filing I-130 to interview. So keep that timing in mind also.

[Cathi 5,784]

17 hours ago, AdriMtzMacias said:

 Could she renew again and maybe be approved this time, since his application is complete and approved; or is there an easier route.

 

 

Renew a visitor visa to come to the U.S. to live? No, absolutely not. Entering the U.S with a visitor visa to stay and adjust status is immigration fraud.