Addition to I-130

[Mr&Mrs G. 903]

My wife as a US citizen filed the I-130 so I can move to the US. My 23 year old daughter from my previous marriage still lives at home with us and had no interest in moving to the US when we go so we never looked at further into it. 

 

Tonight she has said that she is now really considering it, so what's the situation regarding this?

 

Briefly I have read that she is a derivative to my application and after the I-130 has been approved she goes through the visa process at the same time as me so that we can all travel together. Now being a 23 year old she could just as easily change her mind tomorrow and find something new to focus on but I would like to not be giving her false information or hope.

 

Any advice on this one? 

[NigeriaorBust 4,087]

  At 23 she is an adult and won't be coming with you.  When did you marry , if she was under 18 when you married your USC spouse could petition and she can come in about 7 years , otherwise you can petition after you get your LPR status and it will take a bit longer and she must stay single.

[Mr&Mrs G. 903]

9 minutes ago, NigeriaorBust said:

  At 23 she is an adult and won't be coming with you.  When did you marry , if she was under 18 when you married your USC spouse could petition and she can come in about 7 years , otherwise you can petition after you get your LPR status and it will take a bit longer and she must stay single.

Thank you for your response.

 

She was 14 years old when we married. So 7 years before she can come,  wow will save that news until the conversation comes up again. She is also considering college so maybe a student visa will be an option, we were hoping she would have a green card and pay for it herself.  She would like to return to college to finish her nursing education, she took time out to travel to the UK to work in a nursing home just for the experience. 

[aleful 1,905]

there aren't any derivatives, so your wife would file a separate i130 for your daughter

 

she will get her visa for residency in around 7 years if things don't change

 

 

[NigeriaorBust 4,087]

 Your wife could file, the advantage is that is a bit shorter wait and it doesn't die if she get married.  It is one of the classes that is on the list to eliminate so if you are thinking of using it ,  I would files asap and hope that petitions already filed are allowed to proceed IF they cut the class in the future.

[agripa 100]

Lots of good advice here, but I would have a serious conversation with your daughter ASAP. As @NigeriaorBust has pointed out, the Republican-controlled Senate has specific proposals floating around looking to specifically remove adult children of US Citizens/LPR for applying for a Green Card. 

[Mr&Mrs G. 903]

No point in her applying for a visa that will take 7 years to process, at her age it will seem a lifetime away. I think a better option will be to follow us out at a later date if she still wants to on a student visa and finish her nursing studies. She seems to be looking for more of a time out rather than completely making the move permanent. 

 

As usual the advice is excellent on this website and will allow us to guide her correctly.