Bringing my kid to USA

[Ian H. 207]

OP is divorced.

[Karlee 1]

Is she already in USA?

No. She is planning to visit me.

I am not sure if I sure submit my petition now or wait till she visits me in December.

[Karlee 1]

It looks like you should have more than 5 years as an LPR by now and you should be eligible to apply for citizenship. I would greatly recommend that you apply for citizenship, if you are already eligible since it would considerably reduce the wait time for your daughter to obtain LPR. Plus, if you become a USC and your daughter obtains LPR before turning 18, she would automatically become a USC.

Yes, I am eligible but I'm not ready. One of the reasons, my country does not permit dual citizenship.

[Karlee 1]

I was in grade 10 when my father started the petition , and i'm now graduated from high school and still waiting for interview .

If you want fast process then consider applying student visa for her , that will be fast.

Were you studying in your local school? If yes, did you learn the USA high school curriculum?

I see you are waiting for interview. Good luck!

[Phillip Kazuto 28]

Were you studying in your local school? If yes, did you learn the USA high school curriculum?

I see you are waiting for interview. Good luck!

Yes i studied at my local school and it did not include US Curriculum. I'm planning to do some prep and learn the missing things once i get to the us

[Karlee 1]

Most appreciated for all the replies.

I divorced USC 3 years ago, so I will be petitioning for her.

In I-130 question 14 .. (If your relative is currently in the USA? He/She arrived as...? Arrival Record, Date arrived?

Will it affect the process if she is here in the USA while I submit my petition?

Thanks,

When I marry my USC boyfriend, can he petition my daughter? If yes, when can he start to send his petition?

Thanks.

[Ian H. 207]

As long as you marry before she turns 18. The child would also get a CR2 visa because the marriage would be less than 2 years old. She would have to file I-751 after 2 years.

[Ian H. 207]

He can send the petition as soon as you are legally married.

[Karlee 1]

As long as you marry before she turns 18. The child would also get a CR2 visa because the marriage would be less than 2 years old. She would have to file I-751 after 2 years.

How long is CR2 visa process time? Is it like the "Conditional GC"? I-175 is to AOS?

[Ian H. 207]

The CR2 process is the same timeframe as a spouse or parent, about 1 year or a year and few months. It's much faster than if you petitioned her as an LPR which would be 2 to 3 years.

The CR2 is a conditional status, just like the CR1. After 2 years minus 90 days, your daughter has to do ROC because by the time your daughter does POE you and her stepfather most likely won't have 2 years of marriage.

It's basically the same thing that you had to do when you got your GC, except this time your daughter files jointly with her stepfather. With a CR2 visa, there is no AOS, your daughter will be an LPR upon entry and as such no need for AOS.

I should also add that if you become a USC anytime before her GC expires, and she's still under 18, she will not have to do ROC and can get a USC passport.

Edited October 30, 2014 by Ian H.

[Karlee 1]

The CR2 process is the same timeframe as a spouse or parent, about 1 year or a year and few months. It's much faster than if you petitioned her as an LPR which would be 2 to 3 years.

The CR2 is a conditional status, just like the CR1. After 2 years minus 90 days, your daughter has to do ROC because by the time your daughter does POE you and her stepfather most likely won't have 2 years of marriage.

It's basically the same thing that you had to do when you got your GC, except this time your daughter files jointly with her stepfather. With a CR2 visa, there is no AOS, your daughter will be an LPR upon entry and as such no need for AOS.

I should also add that if you become a USC anytime before her GC expires, and she's still under 18, she will not have to do ROC and can get a USC passport.

Ian, most appreciated and thank you for sharing. Your information is very useful.

[Karlee 1]

Hi, I have good news and wanted to update everyone on my I-130 petition for my kid. On March 18, I received I-797 Notice of Action that my petition has been approved. My Priority Date (PD) is November 10, 2014. I called USCIS today, spoke with a male officer. He said San Francisco Field Office is having backlogged, they are currently working on August 4, 2014. My kid is already in USA on Tourist visa and she can continue to stay while AOS is in process.

Hope this is helpful.

[NigeriaorBust 4,087]

You can't let her overstay or file AOS if you are NOT a USC , overstay isn't forgiven for LPR family petitions. Be careful not to ruin things.

[apple21 953]

Hi, I have good news and wanted to update everyone on my I-130 petition for my kid. On March 18, I received I-797 Notice of Action that my petition has been approved. My Priority Date (PD) is November 10, 2014. I called USCIS today, spoke with a male officer. He said San Francisco Field Office is having backlogged, they are currently working on August 4, 2014. My kid is already in USA on Tourist visa and she can continue to stay while AOS is in process.

Hope this is helpful.

Did you file the i130? If yes, child is under F2A and is not qualified to AOS. Even if she stays the whole 6 months maximum allowable for tourist visa, her priority date won't be current. Sorry to burst your bubble. She has to go back home and finish the visa process there.

[Karlee 1]

Did you file the i130? If yes, child is under F2A and is not qualified to AOS. Even if she stays the whole 6 months maximum allowable for tourist visa, her priority date won't be current. Sorry to burst your bubble. She has to go back home and finish the visa process there.

Ok. I called USCIS to verify my case again. The IO have wrong information, since I am LPR, we have to wait until my PD is current, probably one year and slightly more.

So, I have decided that I apply for citizenship. While I submit my application and wait on the process to finalized:-

1. Should she extent her B2 tourist visa for another 6 month? or

2. She leaves at the end of her I-94, and come back here and wait?

Thanks.