Help! Any ideas on how to get my 20-year old daughter to the US?

[tman333 0]

Hello to everyone out there. I'm from the US and my wife is living in the Philippines. We have a dilemma and I would appreciate any thoughts from those people who read this forum. We want to file a spousal visa petition for her and her daughters. However, one daughter is already 19 (soon to turn 20 in about 90 days) and the other daughter just turned 17. From what I understand, we will be OK with the 17-year old if we file promptly and are approved promptly. But, from what I also understand, we cannot bring the 19-year old in on a spousal visa, as the age limit for that is apparently 18 and under. This 19-year old is a dependent of her mother and we really want her to join us in the US...the sooner, the better. Does anyone know if there are any options available to us?

Some further information: She is currently finishing college there and would like to continue her graduate education in the US. If there are no other options, is a student visa an option. If you are wondering what age she was when we were married, she was 18 years and 9 months.

Thank you in advance to anyone who can help with information.

[Girl from Celebes 588]

http://www.visajourney.com/forums/topic/262314-i-130-for-step-daughter-in-philippines/

[aaron2020 11,651]

Hi,

If you had filed for a K1 and brought your lady over as a fiancée, her children under 21 could all have immigrated with her. This is no longer an option since you are married.

The almost 20 years old's dependence on her mother is irrelevant. Anyone over 18 is an adult.

There is nothing you can file for.

Once your wife becomes an LPR, she can file for unmarried chikdren. Unfortunately, her daughter will age out when she turns 21. It could take 2 or 10 years for a visa.

A student visa is possible if you can show sufficient funds for her entire course of studies at out-of -state tuition. At least $20,000 to $40,000 per year in the bank before the visa can be issued. The money is usually the no go point for most of us.

By the way, as a US citizen, you can not file a single I-130 (spousal petition) that will cover her 17 years old. When a USC petitions for a spouse, only the spouse gets a visa. Children are not included. You will need to file separately for your wife and her 17 years old.

Best of luck.

Edited February 25, 2015 by aaron2020

[aaron2020 11,651]

Correction. It will take 10 years for a visa.

It will take a year to bring your wife over. Her daughter will be 21 or almost 21 by the time your wife gets a green card. It will take 10 years for her to petition for her daughter.

Sorry.

[tman333 0]

Oh, that's harsh information. Not what I was hoping for, but at least helpful. Thanks.