One more question everyone

[Nurseling 34]

One more question everyone. I just want to be sure about this so I don't go o the interview with out the required stuff. I have two kids. One is 18 she won't be coming as she is starting university in 4 weeks to do chemical engineering a 4 year program with one year in industry in any country. We figured that one year she can do the industry experience in the US so we can use that opportunity to do her paperwork before she reaches 21. So we aren't going for a k2. I assume I only need to bring her birth certificate with me to show she exists. My second child was born in the US last year so I understand he won't be needing anything e.g medical etc as he is not seeking a visa? Just double checking its only me that needs to do the medical.

[KayDeeCee 4,896]

Yes, just you as no one else is applying for a visa.

[TBoneTX 46,122]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***

[Nich-Nick 3,354]

One more question everyone. I just want to be sure about this so I don't go o the interview with out the required stuff. I have two kids. One is 18 she won't be coming as she is starting university in 4 weeks to do chemical engineering a 4 year program with one year in industry in any country. We figured that one year she can do the industry experience in the US so we can use that opportunity to do her paperwork before she reaches 21. So we aren't going for a k2. I assume I only need to bring her birth certificate with me to show she exists. My second child was born in the US last year so I understand he won't be needing anything e.g medical etc as he is not seeking a visa? Just double checking its only me that needs to do the medical.

Birth certificates of non-immigrating children are not asked for in London, even though their name may appear on your interview letter. You might want to check your plans and timing for the 18 year old. I get lost in the rules, but for her separate petition from you later as a permanent resident petitioner, the wait will be a few years. She doesn't qualify for immediate visa as the step-child of your soon to be American spouse as petitioner because you won't be married to the American before the child's 18th birthday. I know Gary and Alla did something creative that allowed a son to finish Uni abroad, but I am not sure of his age, etc. and I may not even have this right, but suggesting you double check the plan thoroughly if you haven't already.

[Nurseling 34]

Birth certificates of non-immigrating children are not asked for in London, even though their name may appear on your interview letter. You might want to check your plans and timing for the 18 year old. I get lost in the rules, but for her separate petition from you later as a permanent resident petitioner, the wait will be a few years. She doesn't qualify for immediate visa as the step-child of your soon to be American spouse as petitioner because you won't be married to the American before the child's 18th birthday. I know Gary and Alla did something creative that allowed a son to finish Uni abroad, but I am not sure of his age, etc. and I may not even have this right, but suggesting you double check the plan thoroughly if you haven't already.

Hi Nich-nick

Thanks for the reply. To be honest I really don't know which way to go with this. We don't qualify for a k2 because she is unable to sit down for in america for the length of time it takes for adjustment of status. I was thinking to bring her after I get my permanent residency in two years which would make her 20 years old. I figured if I apply before she turns 21 years old as long as application is in we just wait it out till she gets approved. It would be wrong of me to disturbed her studies at this point as she just got a place in uni to start in 4 weeks time. Any idea of how I can find out where to find info regarding this matter?

Thanks for clarifying the info regarding my son I didn't fancy paying out another set of medical fee lol.

[Nich-Nick 3,354]

I wasn't sure if you knew she wouldn't get a visa as quickly as you did is what I was mainly pointing out. I sent a PM to Gary to look at your situation and see if he has suggestions because his wife had a college student.

[Nurseling 34]

I wasn't sure if you knew she wouldn't get a visa as quickly as you did is what I was mainly pointing out. I sent a PM to Gary to look at your situation and see if he has suggestions because his wife had a college student.

thank you so much

I see what you mean. As long as its not like a 10 year wait its not so bad if it takes a year or two. Just as long as she is away from me for too long. I know she can always come see me on the visa waver programme but its a 3 month stay where the poor girl can't do anything but sit at home. She can't even get licence to drive etc.

Yes would really appreciate any I or your able to get from them as to how they worked around the situation.

Thank you so much!!

[Nurseling 34]

thank you so much

I see what you mean. As long as its not like a 10 year wait its not so bad if it takes a year or two. Just as long as she is away from me for too long. I know she can always come see me on the visa waver programme but its a 3 month stay where the poor girl can't do anything but sit at home. She can't even get licence to drive etc.

Yes would really appreciate any I able to get from them as to how they worked around the situation.

Thank you so much!![/quote

thank you so much

I see what you mean. As long as its not like a 10 year wait its not so bad if it takes a year or two. Just as long as she is not away from me for too long. I know she can always come see me on the visa waver programme but its a 3 month stay only and the poor girl can't do anything but sit at home. She can't even get licence to drive etc.

Yes would really appreciate any Info your able to get from them as to how they worked around the situation.

Thank you so much!!

[Gary and Alla 3,694]

Birth certificates of non-immigrating children are not asked for in London, even though their name may appear on your interview letter. You might want to check your plans and timing for the 18 year old. I get lost in the rules, but for her separate petition from you later as a permanent resident petitioner, the wait will be a few years. She doesn't qualify for immediate visa as the step-child of your soon to be American spouse as petitioner because you won't be married to the American before the child's 18th birthday. I know Gary and Alla did something creative that allowed a son to finish Uni abroad, but I am not sure of his age, etc. and I may not even have this right, but suggesting you double check the plan thoroughly if you haven't already.

Thanks Nich-Nick

As she is already 18 she will not qualify for an I-130 until age 21. she needs to be under age 18 WHEN YOU MARRY in order to do that.

Only option at her age is a K-2 (you can do a K-2 to follow within 1 year) Our oldest son had started his first year of a 5 year Masters program at a very prestigious Moscow Physicis school. We did a K-2 to follow after his fist year of school, filed his I-485 the day fater he arrived for the summer and working with our local USCIS office got him his green card 3 days before he went back for the fall semester. He then completed the 5 year program as a US resident. Education IS an acceptable reason to be absent for more than 6 months, though we only did that ONCE. The other times we brought him home for semster break so he was never gone more than about 4 months, he finished his masters in Russia, got his conditions removed and is now working on his doctorate at Rice University in Houston.

There are some "intimate details" to follow if doing this. One cannot "just do it". The student must ALWAYS maintain evidence of US residence and have that evidence with him/her each time they re-enter. Our son carried with him EACH TIME her returned, not just for more than 6 months...

1. Vermont drivers License

2. recent back statements from Vermont bank

3. Employment letter (he had a job for all school vacations at a local grocery store)

4. Draft Registration (a girl would not need this)

5. Most recent tax return

MOST IMPORTANT!!!!!!!!!!!!!!!!!!!!!!!!!

He carried a translated copy of his regstration at the school showing him to be VERMONT RESIDENT. In our case this made no difference since he was a UKRAINIAN attending a RUSSIAN school so he was already a "foreign" student.

What I often see is people attending school in their "home" country for little or no tuition by claiming to be a resident of their HOME country. Claiming to be a resident of another country will forfeit your US residency...DO NOT DO IT! In addition carry proof that you do not do it.

It CAN be done, it just needs to be documented properly. Our son's stays outside the US were NOT counted against his time to calculate citizenship because they were for an acceptable and DOCUMENTED reason.

No one is out to deny children their education opportunities. USCIS was very helpful with our case. Inform your local office what you need to do and they will help

[Nurseling 34]

Thanks Nich-Nick

As she is already 18 she will not qualify for an I-130 until age 21. she needs to be under age 18 WHEN YOU MARRY in order to do that.

Only option at her age is a K-2 (you can do a K-2 to follow within 1 year) Our oldest son had started his first year of a 5 year Masters program at a very prestigious Moscow Physicis school. We did a K-2 to follow after his fist year of school, filed his I-485 the day fater he arrived for the summer and working with our local USCIS office got him his green card 3 days before he went back for the fall semester. He then completed the 5 year program as a US resident. Education IS an acceptable reason to be absent for more than 6 months, though we only did that ONCE. The other times we brought him home for semster break so he was never gone more than about 4 months, he finished his masters in Russia, got his conditions removed and is now working on his doctorate at Rice University in Houston.

There are some "intimate details" to follow if doing this. One cannot "just do it". The student must ALWAYS maintain evidence of US residence and have that evidence with him/her each time they re-enter. Our son carried with him EACH TIME her returned, not just for more than 6 months...

1. Vermont drivers License

2. recent back statements from Vermont bank

3. Employment letter (he had a job for all school vacations at a local grocery store)

4. Draft Registration (a girl would not need this)

5. Most recent tax return

MOST IMPORTANT!!!!!!!!!!!!!!!!!!!!!!!!!

He carried a translated copy of his regstration at the school showing him to be VERMONT RESIDENT. In our case this made no difference since he was a UKRAINIAN attending a RUSSIAN school so he was already a "foreign" student.

What I often see is people attending school in their "home" country for little or no tuition by claiming to be a resident of their HOME country. Claiming to be a resident of another country will forfeit your US residency...DO NOT DO IT! In addition carry proof that you do not do it.

It CAN be done, it just needs to be documented properly. Our son's stays outside the US were NOT counted against his time to calculate citizenship because they were for an acceptable and DOCUMENTED reason.

No one is out to deny children their education opportunities. USCIS was very helpful with our case. Inform your local office what you need to do and they will help

Hello Gary and Alla

Nich-Nick has been kind enough to help with getting my question to you and I so much appreciate the time he has taken to help me. I also appreciate your reply on this matter. I have searched the forum and could not see anything regarding the children's schooling and vis issues for k1/k2.

Please, can I ask you a few more questions?

1. So you think even though she is 18 yrs old she is still entitled to a k2 visa? We thought we would have to have married before her 18th birthday for her to be eligible for that?

2. So you think it would be ok for her to finish her 4 year programme in the uk on a k2 visa as long as she is not away for more than 4 months at a time? Each term is 3 months so technically it is doable for her to fly in every time she finishes a term.

She is suppose to come in summer so we could use that as the first chance for her to start the paper work right? Or do you think that we should wait for the completion of that one year then get her to come on the k2 just within the year? Although technically summer break is the longest break they have and it would be the one that gives us the most chance to file and wait for the i-485. And pray we get it on time before she has to go back to school in London. Or can she travel back if it doesn't come on time?

3. How long did it take to file and get the approval for the I-485? So we need to wait for the day she arrives for summer to do that?

4. Is school responsibility really enough reason for them to give us a quick appointment / approval once we file?

5. Here in the uk the system changed this year regarding tuition. They get a student loan which they have to pay back once they start working so I doubt they care since your paying it all back.

6. So being away from the US for 6 months after getting her i-485 approved is acceptable? Can we expedite for school responsibility or file for advance parole so she can travel back to school just incase it takes longer. I don't think she can be away from her course for more than a week.

7. Did you have to call any particular division of Uscis to get the stuff confirmed by them so we know we are doing everything properly? My embassy is not really able to give me the proper advice I need.

I know this is alot of questions but i really would be greatful for your imput .Thank you so much appreciate all the help your able to give me.

[Gary and Alla 3,694]

Hello Gary and Alla

Nich-Nick has been kind enough to help with getting my question to you and I so much appreciate the time he has taken to help me. I also appreciate your reply on this matter. I have searched the forum and could not see anything regarding the children's schooling and vis issues for k1/k2.

Please, can I ask you a few more questions?

1. So you think even though she is 18 yrs old she is still entitled to a k2 visa? We thought we would have to have married before her 18th birthday for her to be eligible for that?

2. So you think it would be ok for her to finish her 4 year programme in the uk on a k2 visa as long as she is not away for more than 4 months at a time? Each term is 3 months so technically it is doable for her to fly in every time she finishes a term.

She is suppose to come in summer so we could use that as the first chance for her to start the paper work right? Or do you think that we should wait for the completion of that one year then get her to come on the k2 just within the year? Although technically summer break is the longest break they have and it would be the one that gives us the most chance to file and wait for the i-485. And pray we get it on time before she has to go back to school in London. Or can she travel back if it doesn't come on time?

3. How long did it take to file and get the approval for the I-485? So we need to wait for the day she arrives for summer to do that?

4. Is school responsibility really enough reason for them to give us a quick appointment / approval once we file?

5. Here in the uk the system changed this year regarding tuition. They get a student loan which they have to pay back once they start working so I doubt they care since your paying it all back.

6. So being away from the US for 6 months after getting her i-485 approved is acceptable? Can we expedite for school responsibility or file for advance parole so she can travel back to school just incase it takes longer. I don't think she can be away from her course for more than a week.

7. Did you have to call any particular division of Uscis to get the stuff confirmed by them so we know we are doing everything properly? My embassy is not really able to give me the proper advice I need.

I know this is alot of questions but i really would be greatful for your imput .Thank you so much appreciate all the help your able to give me.

1. YES absolutely. Children are eligible for a K-2 until their 21st birthday and court rulings have allowed that IF the visa is issued and the child entered the USA before the 21st birthday then AOS MUST be allowed even if the child has turned 21. For example...your daughter gets her K-2 on Tuesday, enters the USA on Thursday and turns 21 on Saturday...she can still file for the green card 2 months later. The only visa option for an 18-20 year old child IS the K-2. This is one big advantage of the K-1/K-2 that many people overlook. The K-2 to follow must be issued within 1 year of your K-1

2, YES. She can be away more than four months. Even more than 6 months. She should not be away "more than necessary". In our case, Sergey was away for 10 months the first year, but Alla got nervous and said "from now on, you come home at winter break". She was concerned that an absence of more than 6 months would delay his citizenship. It could. It didn't. The reason for his absence is valid...education. But after the first year away (2nd year of the education program) we brought him home each winter. I would recommend it, just for appearance sake, that she is spending as much time as possible in the USA.

3. In our case, Sergey had his Green Card in hand in 7 weeks. You need to wait until she arrives because she MUST be present in the USA to file the application and you must attach a copy of her I-94. You can prepare everything else beforehand. When she arrives, make a copy of the I-94 and her passport entry stamp/visa and mail it.

4. YES. We arranged this beforehand. (you DO NOT "pray" for anything). Here is what I did. I went to the local office of USCIS even before Alla arrived and of course before Sergey arrived. I was told that when Sergey arrives to send his I-485 immediately. DO NOT file for AP or EAD, just the I-485. When you receive the NOA1 for the I-485, I was told to bring that to the local office with an infopass appointment. I did that. We received the NOA1 about a week after filing. I made an infopass appointment at our local office (20 minutes drive from here, fortunately) and went with Sergey to the local office. The officer there had Sergey fill out a form for an "emergency AP" (anyone can do this for any type of urgency). They took his biometrics and gave him a receipt for biometrics. The officer also called the NBC (National Benefits Center) and asked them to send Sergey's file to the local office immediately. The officer told us he would try to get the Green card issued before Sergey left to go back but that he would have an AP within 10 days. We also signed a document allowing them to forward the Green Card to the Moscow consulate if it was issued after a certain date (they do NOT want you to send it to them overseas) He did get his AP within 10 days and he got his green card 3 days before he left the USA. Had the Green Card not arrived, he would have had an AP if needed and the Green Card would have been sent to Moscow for him to pick up.

5. Don't know anything about loans. And it is not an immigration issue. No loans in Russia, we paid cash up front for tuition and room and board. In Russia, a Russian citizen gets free college education if they are accepted to a school. Since he was a foreign student who had "won" one of the few "seats" for foreign students, he had to pay full tuiton and "campus fee" (room and board) Good news? In Russia, that was $4000 per YEAR.at the top science and technology school in the FSU!!!!!!!! His residency made no difference for us as he was a "foreign" student anyway. Where people get in toruble on this is when they LIE about their residency to the school in order to receive favorable tuition and then try to be US residents. By claiming to be a resident of another country, you forfeit US residency. NEVER claim to be a RESIDENT of any country except the USA. She CAN (and should) state she is a UK CITIZEN, but NOT a UK Resident.

6. YES, actually the "limit" is 12 months for anyone, for any reason. I never understand where this 6 months comes in. HOWEVER, stays outside the US of more than 6 months CAN be a problem and CAN be counted against your time to become a citizen. They will not be IF it is for an acceptable reason. Education is an acceptable reason. But it needs to be documented. You cannot just leave the US for even 4 months, come back for a month, leave for another 4 months...etc. SOMEONE is going to say "####### are you doing?" Most likely a CBP officer when she re-enters. The answer is "I am attending school and here is my proof..."

7. NO. I worked with the local office only. They were great to work with.

When Sergey returned the 2nd summer (first summer as a Green card holder) We got him his drivers license, opened a bank account, and he got a job. We have a local grocery store that is always in need of people for stocking shelves. That's what he did. He worked nights to make an extra $2 per hour. They even let him work during his winter break for 3 weeks. They kept him on the payroll as an "employee" so he could just come back and start working. Many local small businesses can do this, see if you knw someone that can give her a job. Sergey is a Rocket Scientist (really!) but he stocked shelves in the grocery because it helps verify his residency. So he had proof of employment, a drivers license, bank account, he registered for the draft, and he carried his (translated) school enrollment papers with him each time he returned. We sent him money each month for an allowance. We deposited it to his account here and he withdrew it from an ATM in Russia, so he had an active bank account. He carried three recent bank statements when he returned. (Notify your bank she is doing this) He never had a problem and finished the remainder of his education (3 more years after that) in Russia. He removed conditions while still a foreign student and received his 10 year Green Card. He is eligible for citizenship next year and the ONE absence of more than 6 months will be documented for education. USCIS tells us this will be acceptable and will not delay his citizenship.

The 2nd summer he returned after a 10 month absence he had his enrollment papers but he was asked no questions regarding a 10 month absence. He had his enrollemnt papers and could explain he received his Green card only 3 days before leaving, so there was no time to do other things related to residency. After his 2nd summer, he also carried a copy of his IRS form 1040a. You can google "Maintaining US Residency" and read what is recommended by USCIS.

The important points are to always claim to be a US resident on all documents, document what you are doing, carry this documentation with you when you return to the US and always be honest with USCIS. They specifically allow for people to get an education, they seemed to cooperate in any way they could and were very friendly and helpful to Sergey and our family. When ever he went for biometrics (like for his Removal of Conditions) they knew him and asked how he was doing, how was school, etc. (OK, it is a small local office)

The bottom line is you are doing nothing wrong, nothing illegal, it is not a "loophole" it is a specifically ALLOWED practice but it has proceedures to be follwed to verify that it is not being abused...just as every other step in this process has. Just make sure you document everything as you go. No one wants to restrict your daughter's education opportunities, really. I found this process to be very rewarding and not difficult BUT it requires a lot of attention to detail. You really have to consider their immigration status at every turn and we had to lay it out for Sergey that he WOULD be coming home immediately after classes and would be going back immediately before they started. He had a girlfreind there...so you know what that means! "Tough shitski, Sergey, this is about your education and immigration...Kiss Dasha goodbye and get over it!" He did.

IMPORTANT...

YOU must be in the process of or have adjusted status before your child can. I suggest you file YOUR I-485 as soon as possible when YOU arrive. Alla already had a Green Card when Sergey arrived. If you were in the process, your daughter could get an AP but not a Green card, until you get yours.

[Nurseling 34]

1. YES absolutely. Children are eligible for a K-2 until their 21st birthday and court rulings have allowed that IF the visa is issued and the child entered the USA before the 21st birthday then AOS MUST be allowed even if the child has turned 21. For example...your daughter gets her K-2 on Tuesday, enters the USA on Thursday and turns 21 on Saturday...she can still file for the green card 2 months later. The only visa option for an 18-20 year old child IS the K-2. This is one big advantage of the K-1/K-2 that many people overlook. The K-2 to follow must be issued within 1 year of your K-1

2, YES. She can be away more than four months. Even more than 6 months. She should not be away "more than necessary". In our case, Sergey was away for 10 months the first year, but Alla got nervous and said "from now on, you come home at winter break". She was concerned that an absence of more than 6 months would delay his citizenship. It could. It didn't. The reason for his absence is valid...education. But after the first year away (2nd year of the education program) we brought him home each winter. I would recommend it, just for appearance sake, that she is spending as much time as possible in the USA.

3. In our case, Sergey had his Green Card in hand in 7 weeks. You need to wait until she arrives because she MUST be present in the USA to file the application and you must attach a copy of her I-94. You can prepare everything else beforehand. When she arrives, make a copy of the I-94 and her passport entry stamp/visa and mail it.

4. YES. We arranged this beforehand. (you DO NOT "pray" for anything). Here is what I did. I went to the local office of USCIS even before Alla arrived and of course before Sergey arrived. I was told that when Sergey arrives to send his I-485 immediately. DO NOT file for AP or EAD, just the I-485. When you receive the NOA1 for the I-485, I was told to bring that to the local office with an infopass appointment. I did that. We received the NOA1 about a week after filing. I made an infopass appointment at our local office (20 minutes drive from here, fortunately) and went with Sergey to the local office. The officer there had Sergey fill out a form for an "emergency AP" (anyone can do this for any type of urgency). They took his biometrics and gave him a receipt for biometrics. The officer also called the NBC (National Benefits Center) and asked them to send Sergey's file to the local office immediately. The officer told us he would try to get the Green card issued before Sergey left to go back but that he would have an AP within 10 days. We also signed a document allowing them to forward the Green Card to the Moscow consulate if it was issued after a certain date (they do NOT want you to send it to them overseas) He did get his AP within 10 days and he got his green card 3 days before he left the USA. Had the Green Card not arrived, he would have had an AP if needed and the Green Card would have been sent to Moscow for him to pick up.

5. Don't know anything about loans. And it is not an immigration issue. No loans in Russia, we paid cash up front for tuition and room and board. In Russia, a Russian citizen gets free college education if they are accepted to a school. Since he was a foreign student who had "won" one of the few "seats" for foreign students, he had to pay full tuiton and "campus fee" (room and board) Good news? In Russia, that was $4000 per YEAR.at the top science and technology school in the FSU!!!!!!!! His residency made no difference for us as he was a "foreign" student anyway. Where people get in toruble on this is when they LIE about their residency to the school in order to receive favorable tuition and then try to be US residents. By claiming to be a resident of another country, you forfeit US residency. NEVER claim to be a RESIDENT of any country except the USA. She CAN (and should) state she is a UK CITIZEN, but NOT a UK Resident.

6. YES, actually the "limit" is 12 months for anyone, for any reason. I never understand where this 6 months comes in. HOWEVER, stays outside the US of more than 6 months CAN be a problem and CAN be counted against your time to become a citizen. They will not be IF it is for an acceptable reason. Education is an acceptable reason. But it needs to be documented. You cannot just leave the US for even 4 months, come back for a month, leave for another 4 months...etc. SOMEONE is going to say "####### are you doing?" Most likely a CBP officer when she re-enters. The answer is "I am attending school and here is my proof..."

7. NO. I worked with the local office only. They were great to work with.

When Sergey returned the 2nd summer (first summer as a Green card holder) We got him his drivers license, opened a bank account, and he got a job. We have a local grocery store that is always in need of people for stocking shelves. That's what he did. He worked nights to make an extra $2 per hour. They even let him work during his winter break for 3 weeks. They kept him on the payroll as an "employee" so he could just come back and start working. Many local small businesses can do this, see if you knw someone that can give her a job. Sergey is a Rocket Scientist (really!) but he stocked shelves in the grocery because it helps verify his residency. So he had proof of employment, a drivers license, bank account, he registered for the draft, and he carried his (translated) school enrollment papers with him each time he returned. We sent him money each month for an allowance. We deposited it to his account here and he withdrew it from an ATM in Russia, so he had an active bank account. He carried three recent bank statements when he returned. (Notify your bank she is doing this) He never had a problem and finished the remainder of his education (3 more years after that) in Russia. He removed conditions while still a foreign student and received his 10 year Green Card. He is eligible for citizenship next year and the ONE absence of more than 6 months will be documented for education. USCIS tells us this will be acceptable and will not delay his citizenship.

The 2nd summer he returned after a 10 month absence he had his enrollment papers but he was asked no questions regarding a 10 month absence. He had his enrollemnt papers and could explain he received his Green card only 3 days before leaving, so there was no time to do other things related to residency. After his 2nd summer, he also carried a copy of his IRS form 1040a. You can google "Maintaining US Residency" and read what is recommended by USCIS.

The important points are to always claim to be a US resident on all documents, document what you are doing, carry this documentation with you when you return to the US and always be honest with USCIS. They specifically allow for people to get an education, they seemed to cooperate in any way they could and were very friendly and helpful to Sergey and our family. When ever he went for biometrics (like for his Removal of Conditions) they knew him and asked how he was doing, how was school, etc. (OK, it is a small local office)

The bottom line is you are doing nothing wrong, nothing illegal, it is not a "loophole" it is a specifically ALLOWED practice but it has proceedures to be follwed to verify that it is not being abused...just as every other step in this process has. Just make sure you document everything as you go. No one wants to restrict your daughter's education opportunities, really. I found this process to be very rewarding and not difficult BUT it requires a lot of attention to detail. You really have to consider their immigration status at every turn and we had to lay it out for Sergey that he WOULD be coming home immediately after classes and would be going back immediately before they started. He had a girlfreind there...so you know what that means! "Tough shitski, Sergey, this is about your education and immigration...Kiss Dasha goodbye and get over it!" He did.

IMPORTANT...

YOU must be in the process of or have adjusted status before your child can. I suggest you file YOUR I-485 as soon as possible when YOU arrive. Alla already had a Green Card when Sergey arrived. If you were in the process, your daughter could get an AP but not a Green card, until you get yours.

Thank you so much for the step by step of what you did. I am so appreciative of the information. I was beginning to worry about what to do as I didn't want her to hit 21 and not be eligible to come to live with me. Yes it is a big move considering this is our home and we are used to the system here. As foreigners it's like learning to walk again. Taking baby steps lol. It's so nice to hear from someon who has been through the same thing and is able to advice us on the process. I was a little worried about the processing times for uscis. I thought surely a 6 weeks summer holiday is not enough to get her papers sorted but since you have told me you worked with the local office it has put my mid at ease. Plus the fact that you said we can apply for a emergency AP when we make a info pass appointment at the local office. Then get the local office to get her file from USCIS to process it for us. I think even if her green card has not arrived is that she has a way of travelling back without looseing out on her green card. It is also good to know that we can say that she needs to go back to school as the reason for the AP to be granted. Then she can wait for the green card however long it takes. I will make sure she comes back again whenever she gets another break and get her bank account and other things done to establish she is a resident.

I really don't know how to thank you for all this information I have searched online and have not been able to find what to do. And the London embassy is not clued up about any of this stuff all they can tell me is she can get a k2 visa. It's a big relief now I know the steps we need to take. My next job is to now start looking at the i485 form and see what we need to fill out on there so I can get essential documents together ready for when she arrives in the summer.

I so appreciate your input thank you so much. MAy god continue to bless you and your family. You have done a good job in raising your kids.

Thank you