Adult , foreign child of US citizen now wants to come to US

[ForgeMaster 0]

My wife came to the US in 2005 and is now a citizen in 2010. When she came here, she brought her daughter, who wanted to return to her country almost immediately. Now my wife, her mom, has lived in the US for 4 years, she has become a citizen and a lot of life has happened with her daughter. She misses her mom, her Grandmother will be coming to live with us and she will be alone.

Here is my question: Can we re-activate the original K-1 action for her daughter to continue with that process or must we initiate a new green card request for a family member in order for her to come here to live? I know the process for the green card. It is long and expensive and generally tiresome. We will do it if we must. Daughter has been turned down for visitor visas twice and is pretty discouraged about it.

I do not know how to start researching about this. There are not large numbers of immigrants with the same problem so the search for answers is more obscure.

thanks for your opinions

ForgeMaster

[Darnell 8,478]

The cut off age is 21, for a child.

For that K-1 - there was a 1 year window for handling the K-2 case.

Was there ANY AOS filed for the daughter?

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If the mother files for daughter now, as a USC, an I-130 petition, there is some wait time. Not sure of the total wait time, either.

Might be cheaper, in the long run, to park the daughter in a college, have her go through as much education as possible, to a pHD level, whilst waiting for the I-130 to unwind.

Good Luck.

[sachinky 464]

Her mother as a USC can file for her but since she is over 21, she will be in a different category and subject to different wait times, from what I understand.

[trailmix 77]

You will want to have a look at the visa bulletin, here is the most current, March 2010:

http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html

If she is over 21 and unmarried, she would be in category 2B - Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

For Mainland China, the current processing date is Feb 1st, 2002. So basically you are looking at around an 8 year wait, the dates do fluctuate, so you can check them periodically.

[ForgeMaster 0]

No AOS every filed for daughter. She is over 21 now. I like your idea about parking her in school. That is do-able. If she can handle the English, She could go to the community college or to get English language training. Thanks!

[Boiler 43,564]

No AOS every filed for daughter. She is over 21 now. I like your idea about parking her in school. That is do-able. If she can handle the English, She could go to the community college or to get English language training. Thanks!

It needs to be a 'proper' course.

She will pay international tuition rates.

The F1 is a non immigrant visa, which may be an issue.

[Darnell 8,478]

No AOS every filed for daughter. She is over 21 now. I like your idea about parking her in school. That is do-able. If she can handle the English, She could go to the community college or to get English language training. Thanks!

I absolutely meant to 'park her in school in Russia'.

Fees are less, she'll be in a social environment that makes sense to her, and she won't be missing Mom as much.

So if Mom files now, there's a longish wait. Hopefully the daughter will have a phD by the time she's finished waiting on the I-130 to wind it's way through USCIS and NVC.

[john_and_marlene 162]

You will want to have a look at the visa bulletin, here is the most current, March 2010:

http://travel.state.gov/visa/frvi/bulletin/bulletin_4659.html

If she is over 21 and unmarried, she would be in category 2B - Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

For Mainland China, the current processing date is Feb 1st, 2002. So basically you are looking at around an 8 year wait, the dates do fluctuate, so you can check them periodically.

She would be F1 -- unmarried daughter of USC not F2B -- unmarried daughter of LPR. About a 6 year wait.

Edited April 5, 2010 by john_and_marlene

[Boiler 43,564]

Let us split the difference, they have not filed yet and she still would have the time lag once a visa number is available - 7 years, assuming she does not marry.