Step-daughter here, doesn't want to go home.

[LuvHaleiwa 1]

My husband became a resident alien in October of 2011.

His daughter, age 14, is currently visiting us for the summer and said she wants to live here with her dad.

We have talked to her mother about it and she is considering it.

If her mother agrees, what will we need to do? Can we fill out the I-130 along with an adjustment of status?

Would I petition her as my step-child, or would my husband petition for her as a resident alien?

Can she live here and go to school while she is waiting for all of the paperwork to process, or does she need to return to the UK and wait it out over there?

I have tried to look on the USCIS website, but I just seem to get more and more confused about it all.

Thanks in advance, any help is greatly appreciated.

[Nich-Nick 3,353]

For a visa--

A permanent resident petitioning a child is delayed because the number of visas allowed each year is limited in that category. So there is a queue of several years waiting to get to the top of the list to get one of the limited visas.

A US citizen petitioning for a step-child has no wait for a visa to become available. That category has no limit on the number of visas available.

The USCIS policy on adjustment from VWP can be found in this Memo. http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

Edited August 4, 2014 by Nich-Nick

[LuvHaleiwa 1]

Thank you for your help!

This is my understanding:

I should petition for her as I am a USC (and the process will go faster).

As soon as a visa is available (which will be immediately because I am a USC) we can apply for adjustment of status.

Because the visa is available immediately, we will be able to submit the adjustment of status at the same time as the I-130.

Am I understanding this correctly?

Just a side note... her visa waiver is good until October 15th, so as long as we submit the paperwork asap she can remain here, right?

[Nich-Nick 3,353]

A visa starts with an I-130 petition by the USC for a relative. If the petition is approved, then a separate step the immigrant applies for a visa. She would be in the UK to complete a visa process to enter the USA as a permanent resident.

What you are proposing is circumventing the visa process and immigration laws by going straight for the greencard. There is no visa. Some people do that by submitting a petition and application for adjustment in the same envelope. You will have to read the memo and determine if current policy will allow it in her case and what consequences there are to consider. Or you should consult an immigration attorney. You are out of an area that I give an opinion on.

Edited August 4, 2014 by Nich-Nick

[LuvHaleiwa 1]

Thank you so much for you help. I really do appreciate it.

[Boiler 43,434]

What you are proposing is circumventing the visa process and immigration laws by going straight for the greencard.

Circumventing is perhaps the wrong word, adjustment in country is by far the most popular route.

There is no visa.

And no need, a visa is to gain entry. She is here.

Some people do that by submitting a petition and application for adjustment in the same envelope. You will have to read the memo and determine if current policy will allow it in her case and what consequences there are to consider. Or you should consult an immigration attorney. You are out of an area that I give an opinion on.

The OP has mentioned nothing to suggest this route is not feasible. I do agree that often a consultation with a Lawyer is a good idea, but normally there would need to be a trigger of concern.

There is a forum for adjustment in these cases, I will ask a mod to move the thread.

[Ryan H 3,790]

Moved from Bringing Family Members of Permanent Residents to America forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[LuvHaleiwa 1]

Thanks everyone! I'm glad these forums exist

[Ian H. 207]

Hi,

Since you are the USC, you should submit the I-130 as her stepmom, that way she can apply for a visa faster since family of USC's don't have to wait for a visa to become available. If her dad petitioned her as an LPR, she could wait up 2 years, plus NVC processing.

Don't apply for AOS and rather let her apply for a visa abroad and she should go home when her stay expires. While definitely possible, USCIS frowns upon doing AOS while on a tourist visa or VWP, they usually consider it fraud. She can come and go while the petition is pending since many people do so, as long as she leaves by the end of the expiration on the I-94.

Applying for the visa abroad is a much easier process and that way she can avoid any potential issues with AOS. Good luck!

[Boiler 43,434]

While definitely possible, USCIS some people on VJ frown upon doing AOS while on a tourist visa or VWP, they usually consider it fraud.

[Nich-Nick 3,353]

Circumventing is perhaps the wrong word, adjustment in country is by far the most popular route.

And no need, a visa is to gain entry. She is here.

The OP has mentioned nothing to suggest this route is not feasible. I do agree that often a consultation with a Lawyer is a good idea, but normally there would need to be a trigger of concern.

There is a forum for adjustment in these cases, I will ask a mod to move the thread.

Boiler I am just treading lightly so Ryan H doesn't kick me off Visa Journey again because he thinks I am advocating one thing or another. Thus I am skirting her issue and giving a politically correct "consult an attorney" response rather than an opinion. Reading the policy notes clears it up for me.

[Boiler 43,434]

Boiler I am just treading lightly so Ryan H doesn't kick me off Visa Journey again because he thinks I am advocating one thing or another. Thus I am skirting her issue and giving a politically correct "consult an attorney" response rather than an opinion. Reading the policy notes clears it up for me.

Got yah!

Makes my previous comment more valid!

[LuvHaleiwa 1]

Don't apply for AOS and rather let her apply for a visa abroad and she should go home when her stay expires. While definitely possible, USCIS frowns upon doing AOS while on a tourist visa or VWP, they usually consider it fraud. She can come and go while the petition is pending since many people do so, as long as she leaves by the end of the expiration on the I-94.

Would this qualify us for AOS while on VWP, or am I misunderstanding something?

Taken from the Instructions for I-485:

Who May File Form I-485?

1. Based on an immigrant petition

b. You are filing this application with a completed relative petition, which if approved would make an immigrant visa number immediately available to you.

[Boiler 43,434]

Would this qualify us for AOS while on VWP, or am I misunderstanding something?

Taken from the Instructions for I-485:

Who May File Form I-485?

1. Based on an immigrant petition

b. You are filing this application with a completed relative petition, which if approved would make an immigrant visa number immediately available to you.

Spot on.

[LuvHaleiwa 1]

Ta