Hawaiianparadise

2 hours ago, appleblossom said:

As @Lil bear said, conflicting info in different threads isn’t helpful. Please clarify. 
 

If you did apply for a new IR-2 then she won’t age out during the process, her age is ‘locked in’ from when you submit the I-130 (and is up to 21 anyway, not 18). 
 

But has she visited at all since she left 4 years ago? Does she have a 10 year GC that’s still valid? Does she have another parent and if so where is s/he? Exactly how long did she spend in the US? 

 

And just to confirm, she’s moving back to the US to live with you permanently? 

 

Hello Thanks for your reply,

Yes she has 10 years green card since age 9 years old and now she is 16 years old. She did not go back since 2022. 

I am divorced and I have her full custody and her other parent lives in India. She studies elementary school there since age 9 -13. So she spend 4 years in the USA before moving back temp to india to continue her study. yes now she will move back with me permanently and continue her eduction there. 

Aloha everyone,

I’m hoping to get some detailed guidance on my daughter’s situation.

• I am a U.S. citizen (naturalized in 2022).

• My daughter is 17 years old, a U.S. LPR who got her IR-2 immigrant visa and green card in 2017.

• She lived in the U.S. and attended elementary school here.

• Around December 2021, after COVID, I decided to have her continue middle school (through 10th grade) in New Delhi, India. She has been studying there since then.

• She has now been outside the U.S. for about 3–4 years, with no re-entry permit.

When I became a U.S. citizen, my daughter was not physically in the U.S. with me, so she did not automatically derive citizenship at that time. My goal now is:

1. Get her back to the U.S. as a lawful permanent resident

2. Have her derive U.S. citizenship through me before she turns 18, and

3. Then apply for her U.S. passport.

My current understanding (please correct me if I’m wrong) is that if she is again admitted to the U.S. as an LPR while she is still under 18 and is residing in my legal and physical custody, she would automatically acquire U.S. citizenship under the Child Citizenship Act (INA 320).

Because she has already had an IR-2 and green card once, I am trying to avoid starting a completely new IR-2 processfrom scratch if it will take 1.5–2 years, as that risks her turning 18 before everything is completed.

I’ve been reading about the SB-1 Returning Resident visa and I’m wondering if that might be a better and faster option in her case, since:

• She is a minor child of a U.S. citizen,

• Her long stay abroad was for schooling in India, and

• We always intended for her to return for high school in the U.S. and live with me.

From what I can see, SB-1 processing at the U.S. Embassy in New Delhi / Consulate in Mumbai might be around 4–6 months, which seems much more manageable given her age.

My questions for the group:

1. Given that she is a minor LPR who has been abroad ~3–4 years for schooling, is SB-1 (Returning Resident)realistically viable in your experience, or is it usually denied in cases like this?

2. Has anyone here successfully gotten an SB-1 approved for a minor child in a similar school-abroad situation from India (New Delhi/Mumbai)? What evidence did you provide?

3. If SB-1 is unlikely, is my only real option to start over with a new I-130 (IR-2) even though I already did that process for her back in 2016–2018?

4. For those who recently did IR-2 consular processing for a child from India, how long did the full process (I-130 + NVC + interview) actually take?

Ultimately, I just want the clearest path to:

• Get her back to the U.S. as an LPR,

• Have her derive citizenship before 18, and

• Then apply for her U.S. passport.

Any insights, timelines, or strategy advice—especially specific to India (New Delhi/Mumbai) and SB-1 vs. new IR-2—would be really appreciated.

Mahalo and thank you in advance.

Hey all,

I have my mother's IR5 visa interview tomorrow, any last minutes suggestions for the questions, documents recent IR-5 experiences will be very helpful.

Hello everyone,

I am filling i130 online for my mother, I want to confirm that do I need to file affidavit of support together with i130 or later after petition get approved?

Is there is a way to file affidavit of support online?

Indian Parents marriage certificate need for IR5 Visa 

They don't have any certificate but have their aadhar card and passport state each other as husband and wife, what should I do in this situation?

Thank you all for your help. I just correct my birth certificate

I am a US citizen, I am trying to file I-130 for my parents for ir5 visa. My Indian birth certificate has different last name for my mother. In India it's very common to have name mismatch on multiple documents. What should I do in this situation. Should I explain USCIS or correct my birth certificate mothers last name before filling I-130?

Thank you for your help and suggestion!

Aloha, I am Honolulu, Hawaii based American Citizen trying to being my Indian Parents to the US. They both are in their 60's, Should I apply for their Tourist Visa or Just Green Card directly?

Just now, jan22 said:

How old is your daughter?  How long has she been in India?  When is she planning to return to the US?  Answers to these questions will get you a better, more accurate response.

She is 12 years old and she been living in India for over 1 year but still doing study in the US school though online school 

Hello everyone, 

I just got naturalized and became US citizen recently. My Daughter has 10 years green card and she been here in the US since 2018 but currently in India. 

My Question is: Can my daughter directly apply for US passport now with the US Embassy?

Hello everyone, 

I have USA visa interview next month. I am planning to visit my minor daughter and she is just 10 year's old. She got her Green Card in 2018 through my ex husband.

I am planning to take her to Disneyland. 

Please let me know if anyone can advise what kind of interview questions they will going to ask. 

I have visited Singapore, United Kingdom, France, Indonesia. 

I have a stable job here and my own house here in my home Country, India.

she has properties and job and travel history to some European country she has not seen her daughter over a year and wants to come for a short vacation.

Hello everyone,

I am a permanent resident in the US and my daughter moved here last year and my my ex wife wants to visit us to see our daughter  i was wondering if she can come for a week to see her. Please guide is it possible for her to get the tourist visa to see her daughter for a week.

 I am here in india for one more week in india and now don't know I can make dna test together or not so just struggling with dna test

2 minutes ago, payxibka said:

It is not a denial.  A 221g is a request for more information as they did not have an approvable application. 

 

Interview has occurred and likely all you will need to do is submit the requested information so that they can make a decision

hello thank you for the reply, than do me and my daughter need to go for interview again??

Hello everyone,

My daughter went for immigrant visa interview under IR-2 visa category for minor she is just 7 years old and after interview she got 221 G for DNA test with her biological father.

is it a denial ? or after DNA test we need to go for interview again. ??. please please help me out. 

Hello everyone ,

Need urgent advise for my daughter's Interview under Step Daughter of US Citizen (IR-2 visa) category at embassy in India. She is minor just 7 years old. her interview will be in next week.

I am not able to get the child custody paper from Indian Court before embassy interview and its still pending as we have a final date on the same day when we have our embassy interview.

but we already submit a consent from her biological mother that she have no objection to give me 100% child custody and also she know that I am planning to make my daughter move to US and she don't have any objection.

I am confuse should I go for interview and explain them if they ask for a court certified child custody or after submitting the properly notarized consent from her mother they might allow.

please help me , thanks in advance for your advise and suggestions.

Hello everyone, my step daughter is about to have interview for her IR-2 immigrant visa as step child of US Citizen at new delhi embassy at December end. She is minor just 7 years old, i try to find any past review on immigrant visa for minors from new delhi embassy but could't find any, please help what i have to prepare for her interview.

thanks in advance 

Hi everyone,

I just paid Affidavit of Support Fee for my Daughter and its show as paid now but her IV fee is not showing any amount. I apply for her IR2 visa and she is minor 7 years.

please let me know, what should i have to do ? I am thinking to write a letter to NVC.

Thank you

Hello everyone,

I applied IR-2 for my Step Child and her petition is at National Visa Center (NVC) now and we are in the process to pay her fee and send the documents. She is minor just 7 years old and i am willing to know is she require interview at embassy or they will waived off the interview as she is too young for interview.

7 hours ago, Omarov2009 said:

Hi my son came 2015 to USA on IR2 visa he is now 7 years my husband is us citizen and I am a permanent resident... So first Her mother must give the custody to the father or she can write a letter and sign it with paralegal or lawyer.. And my son will be a citizen automaticlly when I will after few months. Your case is exactly like mine and everything went ok if you need anything please just send me a msg..when my son came to the state I was a 2 years green card holder 

That's the only point was making me confuse but now it's clear for me because don't want to hire attorney, thank you so much 

6 hours ago, Omarov2009 said:

Hi my son came 2015 to USA on IR2 visa he is now 7 years my husband is us citizen and I am a permanent resident... So first Her mother must give the custody to the father or she can write a letter and sign it with paralegal or lawyer.. And my son will be a citizen automaticlly when I will after few months. Your case is exactly like mine and everything went ok if you need anything please just send me a msg..when my son came to the state I was a 2 years green card holder 

Thank you so much for clarifying this confusion for this I was thinking to hire a attorney but for minor everything goes smoothly and easily.

Hello Everyone,

I am a United States Citizen, married in 2013 and my husband got IR1 visa in 2015 and will be US Citizen in next year (2018). I applied for IR 2 for my Step Child (Minor-Age 7). Her petition got approved recently in May 2017,

I have confusion about her Status upon arrival in the United States, Her father is a Permanent Resident for now and will be US Citizen next year in 2018. 

* Her legal custody is still with the mother but she is living with my husband's Parents and go to school. So do we have to change Child's legal custody from Mother to my Husband or she can give written letter with no Objection or something like that ??

* If she get visa through me, she will be permanent resident until she tern 18 ?

* Or she can come now and once her father become citizen next year, then she will be automatically going to be US Citizen.

I file her petition by own and confuse on these points, expert advise needed even i trying to do research on different websites but its complicated, please help

Do you have full legal and physical custody?

No her legal custody is with her mother but she live with my parents for school she is just 7 now , but her mother is agree to write no objection letter for her to take her with me

Hello everyone,

I got my green card last year and now i want to bring my daughter which is just 7 years old, My wife is a US citizen and step mother for her and willing to file for her now, My country of processing is India and i want to know

its easy process ? can i do by my own ? as i understand on my research for her its not required much documentation.

Please guide me

Thank you