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lei1111

Help bringing my resident husbands children to live in the USA

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Filed: K-1 Visa Country: England
Timeline

Hello, My husband is a US resident of 6 years. His 15 year old daughter would like to reside with us in the US permanently. Can I get some guidance on how to best accomplish this? Should he go the naturalized citizen route? We would like for her to be able to come ASAP. I so appreciate any advice. 

Edited by lei1111

lei

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The quickest way would be for you to file as a step-parent, since you got married before she turned 18. 

 

That would take about a year. 

 

But, you also need her mother's permission to remove the child permanently from the U.K. Is her mother alive? It's an uphill struggle if the mother doesn't want her to come here. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (pnd) Country: Morocco
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was his name on her birth certificate? 

or can he prove thru DNA she is his?
will the girl's mother give permission ?

was her name included on the original I 864 ?

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No such thing as ASAP with immigration.

As stated, filing as a stepparent would be the quickest route with about 12-16 months.

Guide: https://www.visajourney.com/content/childpet

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: England
Timeline

Yes, his name is on her birth cert.

Yes, her info was provided on the initial I864.

Yes, I believe her mother will allow it....

 

Is the process the same regardless if the mother or father is the "resident citizen"

 

 I had read elsewhere that it is often fast tracked if the resident decided to become a citizen. He is eligible to do so at this time. I just dont know if this is true info. 

Edited by lei1111

lei

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4 minutes ago, lei1111 said:

Yes, his name is on her birth cert.

Yes, her info was provided on the initial I864.

Yes, I believe her mother will allow it....

 

Is the process the same regardless if the mother or father is the "resident citizen"

 

 I had read elsewhere that it is often fast tracked if the resident decided to become a citizen. He is eligible to do so at this time. I just dont know if this is true info. 

The fastest way for your stepdaughter to come to US is for you to file the petition for her as US stepmother. If your husband will file for naturalization it will take time before it complete the process depending which State he lives.

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Filed: K-1 Visa Country: England
Timeline

Ok, so it sounds like I30 is the best way to go.?? Brings me to my next question-

 

What does the bio parent (mother) need to do? Or is it all filing on the steparent side here in the US? I hate to have to depend/wait on the bio parent to do the work needed to get the process completed. 

lei

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1 hour ago, lei1111 said:

Ok, so it sounds like I30 is the best way to go.?? Brings me to my next question-

 

What does the bio parent (mother) need to do? Or is it all filing on the steparent side here in the US? I hate to have to depend/wait on the bio parent to do the work needed to get the process completed. 

You are petitioning so you do all the work at this stage. Start with the I-130 and complete that and mail the payment, the form and the other required documents.

 

The mother will need to give her written consent by the time the child has her interview at the embassy in London. That's about a year from now. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: K-1 Visa Country: Wales
Timeline

i would get everything agreed with the Mother signed and sealed now so she is not able to change her mind.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 hours ago, lei1111 said:

 

 

 I had read elsewhere that it is often fast tracked if the resident decided to become a citizen. He is eligible to do so at this time. I just dont know if this is true info. 

Nothing is fast tracked, I think you may have confused this with the fact that a minor child of a LPR becomes a citzien automatucally when a parent does, but only if the child is already an LPR and residing in the US in custody of said parent - which your stepdaughter isn’t.

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Filed: K-1 Visa Country: England
Timeline
13 hours ago, SusieQQQ said:

Nothing is fast tracked, I think you may have confused this with the fact that a minor child of a LPR becomes a citzien automatucally when a parent does, but only if the child is already an LPR and residing in the US in custody of said parent - which your stepdaughter isn’t.

I think that is exactly what I did. I was having a hard time understanding some of the wording. Thank you SO much for help with clarification. 

lei

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Filed: K-1 Visa Country: England
Timeline
12 hours ago, CEE53147 said:

You really need to consider the problems with graduation requirements given she is of high school age. 

 

 

 

What do you mean? 

lei

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Filed: K-1 Visa Country: Wales
Timeline

Very awkward age to move, O Levels vs US HS schooling.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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12 hours ago, CEE53147 said:

You really need to consider the problems with graduation requirements given she is of high school age. 

 

 

 

 

11 minutes ago, Boiler said:

Very awkward age to move, O Levels vs US HS schooling.

Awkward but not insurmountable. Many children immigrate part way through high school and manage to graduate just fine.

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