Bringing 3 year old daughter asap (split)

[Chloelei26 0]

I entered in the US using tourist visa on Jan 5th 2014 and get married to US citizen and i filed adjustment of status and my husband filed a petition for me.

The application was received by USCIS ( Chicago) on May 20,2014 and currently in process. I have 3 yrs old daughter in Philippines and im worrying a lot with her since my relatives had complained taking care of her. Is there other way i can fly back there and get my daughter while waiting for my GC results? Im so desperate and want to go back there asap just to get her and bring it here with me in the US.

Any suggestion and opinion is welcome.

Thank you,Lei

[aaron2020 11,651]

No.

The only way to bring your daughter to the US is with an immigration visa. Your husband can file the I-130 for your daughter.

No way is the US going to give your daughter a visitor visa.

If you didn't wanted to be separted from your daughter, then you should have gotten a K-1 fiancee visa for yourself and a K-2 for your daughter.

By taking the short cut to come here on a visitor visa and marrying and AOS, you put yourself in the horrible situation of being separted from your child until you get AP.

[bobototokoko 0]

i am not 100% sure on what i have said below you might want to confirm it by calling USCIS

well you can file for a i131 which enable you to leave the US for upto 2 years without any penalties provided that your visit out of the US is temporary and that you have not abandaned your home in the USA....that way you can stay with your daughter .....during the time your back in the philipines they will call for you to attend the interview so you will have to go back to the US attend that and then apply for another i131 to stay with your daughter until both your greed card and her immigrant visa is issued.

now as far as brining your daughter to the USA

i think you can have your husband legally adopt her im not sure if thats automatic since you married to him or wether it still requires paperwork for him to be her legal parent and then apply for an I130 which will take 12 to 15 month to get her immigrant visa...

I know the feeling of being reunited with your loved one is strong but honestly you should have done the paperwork correctly the first time and brought your daughter with you to the US....

[NigeriaorBust 4,087]

Your husband can file an I130 for his stepdaughter. It takes about a year. You chose a short cut for you and now your daughter pays the price for your choices. Once you have AP or a green card you can go back to stay there with her. If you leave with AP you may have to travel back for you green card interview

[belinda63 2,981]

Shortcut options for your daughter ended when you took the shortcut for yourself. You spouse can file the I-130 for her since she is his step-child. After you receive your advance parole you can travel back and stay with her while waiting for her process to complete. You will have to come back to the US for your interview. After about one year she will have her interview for her visa at the embassy.

There will be no expedite, although you could ask for one, because you made a decision to leave her in the Philippines while you came to the US. If you had done this the correct way the two of you could have waited together in the Philippines without you having all this trouble and expense.

[aaron2020 11,651]

i am not 100% sure on what i have said below you might want to confirm it by calling USCIS

well you can file for a i131 which enable you to leave the US for upto 2 years without any penalties provided that your visit out of the US is temporary and that you have not abandaned your home in the USA....that way you can stay with your daughter .....during the time your back in the philipines they will call for you to attend the interview so you will have to go back to the US attend that and then apply for another i131 to stay with your daughter until both your greed card and her immigrant visa is issued.

now as far as brining your daughter to the USA

i think you can have your husband legally adopt her im not sure if thats automatic since you married to him or wether it still requires paperwork for him to be her legal parent and then apply for an I130 which will take 12 to 15 month to get her immigrant visa...

I know the feeling of being reunited with your loved one is strong but honestly you should have done the paperwork correctly the first time and brought your daughter with you to the US....

You are confusing a Re-Entry Permit which allows an LPR to be out of the US for up to 2 years with Advanced Parole which allows a person adjusting status to leave and reenter the US.

[bobototokoko 0]

You are confusing a Re-Entry Permit which allows an LPR to be out of the US for up to 2 years with Advanced Parole which allows a person adjusting status to leave and reenter the US.

Don't think I was .......you can apply to the re-entry permit with an i131 ....

[aaron2020 11,651]

Don't think I was .......you can apply to the re-entry permit with an i131 ....

You are confusing the Re-Entry Permit and AP.

Just because the application is the same, it doesn't mean the applicant qualifies for both.

[bobototokoko 0]

You are confusing the Re-Entry Permit and AP.

Just because the application is the same, it doesn't mean the applicant qualifies for both.

Your confusing my first post with someone else's .... I never said that OP qualifies for both in my original post I said that she can apply for an i131 which enables her to leave the country for up to 2 years.... In an i131 application you can select the re entry permit which is what I was referring to.

[belinda63 2,981]

You can apply for a re-entry permit after you have your green card. She just sent the paperwork off and is waiting for her AP, not even had the interview for the green card yet.

[apple21 953]

I entered in the US using tourist visa on Jan 5th 2014 and get married to US citizen and i filed adjustment of status and my husband filed a petition for me.

The application was received by USCIS ( Chicago) on May 20,2014 and currently in process. I have 3 yrs old daughter in Philippines and im worrying a lot with her since my relatives had complained taking care of her. Is there other way i can fly back there and get my daughter while waiting for my GC results? Im so desperate and want to go back there asap just to get her and bring it here with me in the US.

Any suggestion and opinion is welcome.

Thank you,Lei

You cannot fly back to the Philippines unless you have Advance Parole or the actual GC.

Your US citizen husband (as step-parent) can file i130 for your daughter to jump start the immigrant visa process. http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Sadly you cannot simply pick-up your daughter and bring her over. Even if your daughter has a valid tourist visa, it cannot be used with immigrant intent (as your situation obviously shows). That's a mistake on your end for leaving her behind. In the meantime, talk to your relatives and tell them it will take a few more months before you can come back.

Good luck.

Edited July 15, 2014 by apple21

[bobototokoko 0]

You can apply for a re-entry permit after you have your green card. She just sent the paperwork off and is waiting for her AP, not even had the interview for the green card yet.

Ohh that's right.... makes sense what aaron2020 was saying to me then....

[bobototokoko 0]

You can apply for a re-entry permit after you have your green card. She just sent the paperwork off and is waiting for her AP, not even had the interview for the green card yet.

You are confusing the Re-Entry Permit and AP.

Just because the application is the same, it doesn't mean the applicant qualifies for both.

Ohh that's right.... makes sense what aaron2020 was saying to me then....

[MUXAGIRL 69]

I am sorry, but there is no ASAP for your daughter in this case. She has to go through consular immigration process which is long and frustrating. As other posters have said, if your husband files for her it is the quickest. If you file for her when you are a GC holder she will fall into the undesirable category of F2A and it can take years.

You did take the shortest of the short cuts in entering the US on visitors visa, marrying almost immediately and adjusting status, all within six months. There is no easier path for your daughter. Although I say, having a US citizen applying for her is still much sweeter a deal than having GC parent apply for her.

[llindsay 21]

You can apply for a re-entry permit after you have your green card. She just sent the paperwork off and is waiting for her AP, not even had the interview for the green card yet.

Once she gets her AP card she is able to leave the country and come back to usa with no problems. She will get her AP card way before she gets her green card. Once she gets her green card she doesn't have to apply for a re-entry permit cause she has a green card and is now a LPR.