Bringing K2 dependent into USA after her conditional green card expires

[Vabsmith 47]

Hello all,

I am USC sponsor who brought my now wife and her daughter on K1 and K2 visa into the USA.

They both got their two year conditional green card after our marriage.

Now the daughter has turned 18 years old and wants to pursue her undergraduate studies from our home country.

She plans to give up her conditional green card and apply for student visa at a later time when she is ready to do further studies in the USA.

Is that possible?

 

In another scenario if my wife applies for her daughter's green card then will the daughter still be eligible to apply for her student visa or even a visitor visa ?

 

 Thanks

 

[nastra30 2,284]

Daughter can plan things well without having to give up her LPR. 

* she can apply for reentry permit before leaving (allows you to stay outside for not more than 2 years)

* she'll have to return to remove conditions on her green card before it expires (especially biometrics & interview)

* assuming she staying outside for more than 2 more years she can apply for SB-1 visa to return then

* also she should be establishing strong ties to the US even if she's studying outside like maintaining bank accounts, filing taxes, credit cards, investments, insurance, etc

 

Also, there are some nuisances that she'll have to take into consideration. Like will studying in India be based on free tuition or scholarship as a resident of US or India. If it will be based on status as a resident of India then there could a perception she's abandoning US residency.  Another nuisance - she's taking advantage based on her citizenship and not her residency and that probably might/might be an issue.

 

In any case, the only ways she can lose her LPR is:

* If she submits form I-407 (if she formally wants to give up LPR) or

* If she does not properly file I-751 to remove CR or

* by an immigration judge

 

 

 

 

Edited December 15, 2023 by nastra30

[Dashinka 24,491]

I agree with @nastra30.  I would do whatever to keep her LPR status if she plans to stay in the U.S. via a re-entry permit(s) or SB-1 although I think SB-1 would be a long-shot.  If she is planning on staying in the U.S. getting an immigrant visa after she finishes school, assuming she gave up her LPR status will be a long wait.

 

Good Luck!

[Vabsmith 47]

Thanks you Dashinka and Nastra for those insights. I should have added a few more important details to my question.

The daughter is already studying in India and her conditional green card will expire in about three months.

She would need to study for another two years in India to finish her undergraduate.

She did not apply for re-entry permit while leaving the USA as she was not sure of when she would come back to USA in future.

At this point she thinks it might be better to give up the LPR and apply for a student visa when she is ready to do her further education in the USA.

My question really is- Assuming the daughter gives up the LPR, and her mother ( my wife) applies for the daughter green card through family quota will that hinder the daughter's chances of obtaining a student visa or visitor visa in future?

 

 

[nastra30 2,284]

1 hour ago, Vabsmith said:

My question really is- Assuming the daughter gives up the LPR, and her mother ( my wife) applies for the daughter green card through family quota will that hinder the daughter's chances of obtaining a student visa or visitor visa in future?

She'll have a tall mountain to climb because she will at the point have to convince CO of not having immigrant intent and having strong ties to India, etc.

 

Your 18yr old is not thinking through this properly. You have to step in and guide her or you guys will be in for a rude awakening later if gives up her LPR and later try to obtain it again in the future as an adult. Tell your step daughter to file I-751 to remove conditions before it expires, and make sure to come to the US for any appointments regarding that. I can't stress this enough. 

On the other hand if she's adamant in giving up her LPR, then so be it. She should just file I-407.

[Dashinka 24,491]

I completely agree with with @nastra30.  A student visa will definitely be tough task in the future as it is treated much the same at the interview stage as a B2.  It seems her options are to file the I751, and if possibe come back to the U.S. and submit the I131 and stay for the biometrics.  The other option is to file the I407, try for a student visa if that comes up, and if she does want to come back to the U.S. as an LPR it will be a very long wait.

 

Good Luck!

[Vabsmith 47]

  Myself USC, the wife and the step daughter both with conditional green card ( expires in April 24) are all currently staying together in India.

 

We thought of an idea which I wanted get assessed here-

The daughter wants to study in India for a few more years ( 2 to 3 yeas) she prefers to come to USA only after her undergrad is done in India.

In this case can we execute the below plan?-

1.  both the wife and the stepdaughter give up the GC by filing I-407 now

2.  The stepdaughter applies for her student visa in 2 years

3. The wife applies for her new spouse sponsored GC and times it such that she gets it about the same time as and when the step daughter will got her student visa

4. We then all move to the USA in about 2 to3 years

 

Does this look feasible? The motive is we will get to live all together in India and then in USA with this option.Also we have our 2 year old US born daughter who is half sister to the stepdaughter and the more they live together the better they can bond with each other.

Thanks

 

 

Edited December 20, 2023 by Vabsmith

[OldUser 6,636]

1 hour ago, Vabsmith said:

 

2.  The stepdaughter applies for her student visa in 2 years

I hope you realize how diffucult it is for a young Indian lady of marrying age to get a student visa? Plus if she has family in the US? Plus if she had GC before?

[Vabsmith 47]

22 minutes ago, OldUser said:

I hope you realize how diffucult it is for a young Indian lady of marrying age to get a student visa? Plus if she has family in the US? Plus if she had GC before?

 I was wondering if having a GC in the past is considered negatively while obtaining a student visa? also typically all student visa applicant's are of marrying age isn't...  And we ( all her family) will be in India when she goes for her student visa interview...  but yes your reminder helps me to think this through. Thanks

[Dashinka 24,491]

7 hours ago, Vabsmith said:

  Myself USC, the wife and the step daughter both with conditional green card ( expires in April 24) are all currently staying together in India.

 

We thought of an idea which I wanted get assessed here-

The daughter wants to study in India for a few more years ( 2 to 3 yeas) she prefers to come to USA only after her undergrad is done in India.

In this case can we execute the below plan?-

1.  both the wife and the stepdaughter give up the GC by filing I-407 now

2.  The stepdaughter applies for her student visa in 2 years

3. The wife applies for her new spouse sponsored GC and times it such that she gets it about the same time as and when the step daughter will got her student visa

4. We then all move to the USA in about 2 to3 years

 

Does this look feasible? The motive is we will get to live all together in India and then in USA with this option.Also we have our 2 year old US born daughter who is half sister to the stepdaughter and the more they live together the better they can bond with each other.

Thanks

 

 

Quite a few moving parts to this.  Do you and your wife plan to stay in India for 2-3 years?  This plan will work for the two of you, but your step-daughter will have a much more difficult time.  Normally, I would agree that doing the I407 is the best route for couples planning to reside outside the U.S. for an extended period of time, and then if and when a decision is made to repatriate, a new I130 can be submitted, and the foreign spouse can go through a new visa process instead of trying to maintain their LPR status through re-entry permits or the SB1.
 

 However, with your step-daughter it is another story.  She already has her LPR status, and with her plans to come to the U.S. for school in 2-3 years it is probably better for her to try and maintain her LPR status through re-entry permits to avoid the pitfalls of trying to get a non-immigrant student visa, or the fairly long time period it would take for her to get a new F1 or F3 family based visa if she wants to repatriate to the U.S. permanently (8-10 years for F1, 14-16 years for an F3).  No one can predict what a CO will do with a student visa application in 2-3 years, but convincing the CO that there is no immigration intent is a high bar.

 

In the end, it is up to you as a family to decide.

 

Good Luck!

[Vabsmith 47]

4 minutes ago, Dashinka said:

 
 

 However, with your step-daughter it is another story.  She already has her LPR status, and with her plans to come to the U.S. for school in 2-3 years it is probably better for her to try and maintain her LPR status through re-entry permits to avoid the pitfalls of trying to get a non-immigrant student visa, or the fairly long time period it would take for her to get a new F1 or F3 family based visa if she wants to repatriate to the U.S. permanently (8-10 years for F1, 14-16 years for an F3).  No one can predict what a CO will do with a student visa application in 2-3 years, but convincing the CO that there is no immigration intent is a high bar.

 

 

Thanks very much. I was thinking the family based GC for unmarried daughter shall take 4 to 5 yeas but it looks like it takes much longer...

[Vabsmith 47]

3 minutes ago, Vabsmith said:

 She already has her LPR status, and with her plans to come to the U.S. for school in 2-3 years it is probably better for her to try and maintain her LPR status through re-entry permits

If she does go back to USA now and file the I-751 to remove conditions, how long will that process typically might take to get her the 10 year green card?

[Crazy Cat 41,842]

12 minutes ago, Vabsmith said:

If she does go back to USA now and file the I-751 to remove conditions, how long will that process typically might take to get her the 10 year green card?

 Typically, a few years is probably more accurate.  USCIS will automatically send an extension letter which extends the expiration date of the conditional Green Card by 48 months.

[Vabsmith 47]

58 minutes ago, Crazy Cat said:

 Typically, a few years is probably more accurate.  USCIS will automatically send an extension letter which extends the expiration date of the conditional Green Card by 48 months.

So if she files her I-751, does the Biometrics and get the extension letter, then can she apply for a re-entry permit and travel back to India.

How long does it typically take to get the extension letter once she files the I-751?

 

Thank you so much everyone for such  great help.  

[OldUser 6,636]

6 minutes ago, Vabsmith said:

How long does it typically take to get the extension letter once she files the I-751?

4-6 weeks