College Student Stepchild

[Mark Eggleston 0]

Hello, my wife is a permanent resident and I have petitioned for my stepdaughter to come to the US. She has received notification for her interview. She is in the Philippines. She is currently finishing her 2nd year at university. My question is, if we move forward now, will she be able to float back and forth easily to complete her education in the Philippines until she gets her green card or will it be difficult as in the case of a K1 visa where it's highly recommended, they stay in US until it's received. It's 10 times cheaper to attend university in PH versus the US. Thanks in advance! 

[Mike E 11,739]

38 minutes ago, Mark Eggleston said:

My question is, if we move forward now, will she be able to float back and forth easily

It depends on what easily means.

 

1. She is expected to spend the majority of her days in the U.S.  

 

2. And if she spends 181 or more consecutive days outside the U.S., she is subject to a finding that she abandoned her LPR status.

 

She can file for a re-entry permit (I-131) to address issues 1 and 2.

[Crazy Cat 41,845]

1 hour ago, Mark Eggleston said:

as in the case of a K1 visa where it's highly recommended, they stay in US until it's received.

Who says that?  

[Pinkrlion 2,719]

You need to pay attention to her age and widen will she turn 21. She needs to complete her immigration before then. Then you can focus on her returning to school. 

[Mike E 11,739]

7 minutes ago, Pinkrlion said:

You need to pay attention to her age and widen will she turn 21. She needs to complete her immigration before then. Then you can focus on her returning to school. 

Assuming OP is a U.S. citizen, wasn’t her cspa age locked in?

[Mark Eggleston 0]

2 hours ago, Mike E said:

It depends on what easily means.

 

1. She is expected to spend the majority of her days in the U.S.  

 

2. And if she spends 181 or more consecutive days outside the U.S., she is subject to a finding that she abandoned her LPR status.

 

She can file for a re-entry permit (I-131) to address issues 1 and 2.

This is good information. Financially, we can bring her back and forth between semesters, summer etc. I recall when my wife had submitted for her green card, the expectation was you remained in the US apart from some special circumstance and there was a form to submit to get special dispensation. I'm wondering if the green card process is the same for our step daughter,

[Boiler 45,486]

12 minutes ago, Mark Eggleston said:

This is good information. Financially, we can bring her back and forth between semesters, summer etc. I recall when my wife had submitted for her green card, the expectation was you remained in the US apart from some special circumstance and there was a form to submit to get special dispensation. I'm wondering if the green card process is the same for our step daughter,

She will enter on an immigrant visa.

[Crazy Cat 41,845]

16 minutes ago, Mark Eggleston said:

I'm wondering if the green card process is the same for our step daughter,

Entering via an immigrant visa is far different from applying for adjustment of status. 

[Verrou 1,962]

seems ur wife did AOS while her child is doing consular processing. the proces is not the same 

ur daughter will wait outside US until she got her immigrant visa.unless she has B1/B2 and she wants to visit during that time

[Mark Eggleston 0]

Thanks everyone, I appreciate the insights!

[Chancy 6,241]

On 5/11/2023 at 9:49 AM, Mike E said:

Assuming OP is a U.S. citizen, wasn’t her cspa age locked in?

 

I assume it was the OP (the US citizen step-parent) who petitioned for the child.  If that's the case, then yes, the child's CSPA age is already locked in at the time of filing the I-130.  After I-130 filing, there is no deadline to complete IR2 immigration by age 21.

 

On 5/11/2023 at 8:00 AM, Mark Eggleston said:

my wife is a permanent resident and I have petitioned for my stepdaughter to come to the US