Help! Im a citizen of the US & would love to bring my stepchild to visit only!

[juancater 0]

Hello, new here!!

Ok, I have been married for 6 years. My husband was born in Costa Rica, he is now a p.resident.

He has a 11 year old daughter in Costa Rica. She has tried to get a visa to travel here. We would love for her to spend a month or two each year here, in the US.

She has tried 4 times, (one time we all went on the interview, we had no luck)

The last time she tried was almost 2 years ago. She said she didnt want to try again, because it made her sad.

She now decided that she wants to try again.

I wanted to know if I could apply for her to come to the US as p.resident. Does she have to go to school here and live? We do not want to take her away from her mother. That is not our goal at all.

We just want her to be able to travel and come to stay with us a couple of times a year.

After I apply I-130, how long does it take? I think that I can also apply for k4?

Again, we do not want her to have to live here.

When she turns... 15, if she decides that she would like to go to High School here, and her mother agrees, thats another story..

Thanks...

[JimVaPhuong 4,863]

Hello, new here!!

Ok, I have been married for 6 years. My husband was born in Costa Rica, he is now a p.resident.

He has a 11 year old daughter in Costa Rica. She has tried to get a visa to travel here. We would love for her to spend a month or two each year here, in the US.

She has tried 4 times, (one time we all went on the interview, we had no luck)

The last time she tried was almost 2 years ago. She said she didnt want to try again, because it made her sad.

She now decided that she wants to try again.

I wanted to know if I could apply for her to come to the US as p.resident. Does she have to go to school here and live? We do not want to take her away from her mother. That is not our goal at all.

We just want her to be able to travel and come to stay with us a couple of times a year.

After I apply I-130, how long does it take? I think that I can also apply for k4?

Again, we do not want her to have to live here.

When she turns... 15, if she decides that she would like to go to High School here, and her mother agrees, thats another story..

Thanks...

Permanent residents have to actually live in the US. The green card is not for people who want to visit a couple of times a year. If the US government determines she's not living in the US then they'll revoke her LPR status. You'll have wasted a lot of time and money for nothing.

You can send an I-130 for an IR2 visa. It's an immigrant visa. Your step-daughter would receive a green card shortly after arriving in the US. You'd probably need to get her mother to sign an affidavit stating that she was permitting her daughter to migrate to the US. From the circumstances you describe, she might be reluctant to sign an affidavit like that.

K4's are derivative visas issued to children of foreign spouses who come to the US with a K3 visa. Unless your husband recently came to the US with a K3 then you can't get a K4 for his daughter. You'd need to petition for an IR2.

You could try again for a visitor's visa.

[Jojo92122 1,924]

Hello, new here!!

Ok, I have been married for 6 years. My husband was born in Costa Rica, he is now a p.resident.

He has a 11 year old daughter in Costa Rica. She has tried to get a visa to travel here. We would love for her to spend a month or two each year here, in the US.

She has tried 4 times, (one time we all went on the interview, we had no luck)

The last time she tried was almost 2 years ago. She said she didnt want to try again, because it made her sad.

She now decided that she wants to try again.

I wanted to know if I could apply for her to come to the US as p.resident. Does she have to go to school here and live? We do not want to take her away from her mother. That is not our goal at all.

We just want her to be able to travel and come to stay with us a couple of times a year.

After I apply I-130, how long does it take? I think that I can also apply for k4?

Again, we do not want her to have to live here.

When she turns... 15, if she decides that she would like to go to High School here, and her mother agrees, thats another story..

Thanks...

Legal Permanent Residency means exactly that. The person will make the US his/her permanent resident. It does not mean that the person makes Costa Rica her permanent resident with occasional trips to the US.

Your stepdaughter may or may not get away with using her green card as a tourist visa.

May I suggest an alternative route? Wait until your husband becomes a US citizen and have him petition her when she is ready to attend high school in the US. When she is admitted, she will automatically become a US citizen under the Child Citizenship Act. If Costa Rica allows for dual citizenship, she can be a citizen of both countries. This would allow her to travel freely between the two countries without the need for a visa.

[juancater 0]

Legal Permanent Residency means exactly that. The person will make the US his/her permanent resident. It does not mean that the person makes Costa Rica her permanent resident with occasional trips to the US.

Your stepdaughter may or may not get away with using her green card as a tourist visa.

May I suggest an alternative route? Wait until your husband becomes a US citizen and have him petition her when she is ready to attend high school in the US. When she is admitted, she will automatically become a US citizen under the Child Citizenship Act. If Costa Rica allows for dual citizenship, she can be a citizen of both countries. This would allow her to travel freely between the two countries without the need for a visa.

That sounds much better! Costa Rica does allow dual citizendships.

Another question, Under the CCA- she can only be a citizen, if my husband is a citizen?

I read on the website that a "child" in the immigration process can be biological, step or adoptive....

I know Im rushing, I just would love for her to come here, and spend time with us.

Thanks again for your time!

[juancater 0]

Permanent residents have to actually live in the US. The green card is not for people who want to visit a couple of times a year. If the US government determines she's not living in the US then they'll revoke her LPR status. You'll have wasted a lot of time and money for nothing.

You can send an I-130 for an IR2 visa. It's an immigrant visa. Your step-daughter would receive a green card shortly after arriving in the US. You'd probably need to get her mother to sign an affidavit stating that she was permitting her daughter to migrate to the US. From the circumstances you describe, she might be reluctant to sign an affidavit like that.

K4's are derivative visas issued to children of foreign spouses who come to the US with a K3 visa. Unless your husband recently came to the US with a K3 then you can't get a K4 for his daughter. You'd need to petition for an IR2.

You could try again for a visitor's visa.

Thats for the info! With the IR2 does she have to stay? Her mother will sign an affidavit, no problem. I know that she will be home sick, and will not want to stay. Maybe at first while everything is new, but after a couple of months, she will want to go back.

Thank you for the k3/k4 infor too! No, my husband did not come here with a k3 visa.

[Jojo92122 1,924]

That sounds much better! Costa Rica does allow dual citizendships.

Another question, Under the CCA- she can only be a citizen, if my husband is a citizen?

I read on the website that a "child" in the immigration process can be biological, step or adoptive....

I know Im rushing, I just would love for her to come here, and spend time with us.

Thanks again for your time!

The laws for petitioning a child and the laws concerning citizenship are not exactly the same. While you can petition for your stepdaughter to immigrate to the US, she cannot derive US citizenship from you. Under the CCA, the parent must be the biological or adoptive parent. A stepparent does not count under the CCA.

Edited July 12, 2011 by Jojo92122

[Jojo92122 1,924]

Thats for the info! With the IR2 does she have to stay? Her mother will sign an affidavit, no problem. I know that she will be home sick, and will not want to stay. Maybe at first while everything is new, but after a couple of months, she will want to go back.

Thank you for the k3/k4 infor too! No, my husband did not come here with a k3 visa.

To derive US citizenship from her US citizen father, your stepdaughter must immigrate to the US and reside with him. However, the law is silent on how long. The argument is when does she live with him? Enrolling her in school while she is living with her father would suffice. Once she becomes a US citizen, she will want proof by applying for a Certificate of Citizenship or a US Passport. If she decides to go home to Costa Rica soon after becoming a US citizen, she can do that and keep her US citizenship.

[juancater 0]

thank you! you have been a great help!