Hi guys.....

Im just about to file for my 15 yr old daughter (I-130) as she wants to live with me. I am from the UK and have just become a permanent resident. My husband is a US citizen. Is it best that I file for her or that my husband files as she is his stepdaughter? She is 15 and needs to come here as soon as possible. I need to know the best way to do this. As with my own case I will follow the rules but I was wondering which was the best path to follow...[

thanks

It is best that your husband file - your daughter will be classed as an "immediate relative of a US citizen" and is immediately entitled to an immigrant visa, after approval of the petition.

If you file for her as the child of a LPR she will be considered in the "first preference" catagory, but there is a numerical limitation on these immigrant visas.

There is no numerical limitation on visas for immediate relatives of a US citizen.

I filed an I-130 for my son, three years ago, and he was approved only a few weeks back. The approximate waiting time for the visa is 8 years at the moment!

Hope this helps.

Could you apply for the K-2 Visa for your daughter? That's what I did after I received my K-1 Visa and moved to the U.S. and got married. I was already a PR and then started the K-2 process for my daughter.

I don't know when you received your K-1 Visa, but you would have to receive your daughter's K-2 Visa within one year of your visa. If that is not possible, then you would have to do the family application.

If you want any further information about the K-2 Visa, PM me and I'd be happy to answer any questions.

Good luck.