Timeline for I-130 for step-child of US Citizen

[giraffemoon 0]

Does anyone know how long it will take for my daughter to come here, if we file the I-130 this week? She is 10, I am a PR here, she is in England, thanks

[Girona40 0]

Does anyone know how long it will take for my daughter to come here, if we file the I-130 this week? She is 10, I am a PR here, she is in England, thanks

You don't say how long you have been here or what kind of visa you entered on, which may have some bearing on HOW you go about getting her here.

I you, as an LPR file an I-130 for her, Vermont are processng applications made in October 05, so it would be just over a year. However, if your USC spouse files for her, as the step-parent relationship was formed before your daughter turned 18, she would be considered an IR-1 and they are processing applications made in March 06, so it would shorten the wait by approximately 5 months.

If you entered on a K-1 within the last year, you could simply apply for her to exercise her "follow to join" rights and could have her here in a few months.

I'm not sure if Vermont would be your SC, but you can look up processing times on the USCIS.gov website.

Good Luck!

[giraffemoon 0]

Does anyone know how long it will take for my daughter to come here, if we file the I-130 this week? She is 10, I am a PR here, she is in England, thanks

You don't say how long you have been here or what kind of visa you entered on, which may have some bearing on HOW you go about getting her here.

I you, as an LPR file an I-130 for her, Vermont are processng applications made in October 05, so it would be just over a year. However, if your USC spouse files for her, as the step-parent relationship was formed before your daughter turned 18, she would be considered an IR-1 and they are processing applications made in March 06, so it would shorten the wait by approximately 5 months.

If you entered on a K-1 within the last year, you could simply apply for her to exercise her "follow to join" rights and could have her here in a few months.

I'm not sure if Vermont would be your SC, but you can look up processing times on the USCIS.gov website.

Good Luck!

I'm sorry! I am a perm resident, been here 3 years (married 3 years also), I have my greencard. My US Cit husband is petitioning for her to come. It says online that she is automatically entitled to a visa, but I wondered how long in months this would take. She is not happy living with her Father anymore, and is desperate to come to live with us.

I'm sorry! I am a perm resident, been here 3 years (married 3 years also), I have my greencard. My US Cit husband is petitioning for her to come. It says online that she is automatically entitled to a visa, but I wondered how long in months this would take. She is not happy living with her Father anymore, and is desperate to come to live with us.

Also would she be able to come here on any kind of holiday visa while it goes through? Say on a visa waiver type thing, or does she have to wait until all the paperwork goes through. As she is only 10, might they allow this? thanks

[Girona40 0]

Well, it is good that your USC husband is petitioning for her. That makes the wait a little less than if you (as an LPR) petitioned for her. She will be considered in the 1st Preference Catagory. If Vermont were the SC, as I said, it is taking 8 months (as per their processing times on the USCIS website) to process applications of this kind. The processing times on the website are not always accurate, sometimes they take a little longer, sometimes a little less if they haven't updated the site in a while.

As she is in the UK there is the option of her coming on the Visa Waiver Program, allowing her 90 days here without the need for a visa, but I don't know how the USCIS will feel about this. Sometimes the USCIS question the intent of someone using this as a means of entering when they have a visa application processing. With her being the step-child of a USC and of such a tender young age, whether they will consider this a problem or not. There are fiance's that come visit their USC fiancee's during the process that have no problems, but they have to be able to prove that they have ties to their home countries, ensuring that they are going to return; mortgages, jobs, etc. I don't know how it would work with a child.

You may want to post your question on www.britishexpats.com as there are a few attorneys there that may be able to answer the question for you, or other people that have been in this situation.

I'm sorry that I cannot offer you any words of wisdom, maybe someone else will jump in here and offer some good advice.

Again, good luck!

Edited November 27, 2006 by Girona40

[giraffemoon 0]

I'm sorry that I cannot offer you any words of wisdom, maybe someone else will jump in here and offer some good advice.

Again, good luck!

thank you! I will go and see someone in Fed Plaza and ask them what is possible.

[miles 0]

Does anyone know how long it will take for my daughter to come here, if we file the I-130 this week? She is 10, I am a PR here, she is in England, thanks

The same I am on the same boat. I want my daughter also to come here with me on VWP since she is a Japanese. And very well confused either file a petiton for her by my USC husband. I hope somebody out there can answer our question with the same experienced. Goodluck then...

Miles

[Chris Parker 10]

Does anyone know how long it will take for my daughter to come here, if we file the I-130 this week? She is 10, I am a PR here, she is in England, thanks

The same I am on the same boat. I want my daughter also to come here with me on VWP since she is a Japanese. And very well confused either file a petiton for her by my USC husband. I hope somebody out there can answer our question with the same experienced. Goodluck then...

Miles

Child = person under age 21 under INA definitions.

Stepchild = Child as far as USCIS is concerned, except a stepparent-stepchild relationship must be based on a marriage created before the child was age 18 or there is no such reltionship ...