AOS of step-daughter from B1 visa

[dwood62786 0]

Hello,

 

I am a US Citizen. My 14 year old step-daughter has a 10 year  B1/B2 Visa that she uses to visit us in Florida from time to time. She lives in her home country (Dominican Republic) with her mother. Her father (my husband) had an EAD card but now its a 2 year green card with renewal scheduled at end of 2019. We didn't adjust her status when we adjusted his because I was a student at the time and we barely had enough income for his. Anyways I am confused on whether or not I can file the I-130 concurrently with the I-485 for her or do I start off with the I-130? Also, will she have to surrender her tourist visa while the AOS is pending?

Thank You!

Edited January 3, 2019 by dwood62786

[Crazy Cat 39,214]

Where is the young lady right now?

[Boiler 43,429]

Where is she now?

 

Is her mother OK with her immigrating?

[dwood62786 0]

Yes  her mom wants her to immigrate. She is here (For Christmas break) until next week then back to DR.

[Crazy Cat 39,214]

A person can not enter the US via a B2 with the intent to immigrate.......Having submitted an I-485 clearly establishes immigrant intent.......therefore a person who has filed an I-485 MUST have a valid advance parole document to re-enter the US if he/she leaves prior to receiving a Green Card.  Current average processing time for advance parole per other VJ members is 139 days.

 

A person who leaves the US after submitting an I-485 without advance parole is deemed to have abandoned their adjustment of status.

Edited January 4, 2019 by missileman

[aaron2020 11,651]

18 minutes ago, dwood62786 said:

Yes  her mom wants her to immigrate. She is here (For Christmas break) until next week then back to DR.

To adjust her status, you would file an I-130 and I-485 (plus other forms) so she can stay and get a green card.  She must remain in the US until she gets AP or a green card which means 5-6 months before she can leave the US.  If she leaves the US before getting AP, then she abandons her adjustment of status.

 

If you want her to go back to the DR next week, then file just the I-130 for consular processing for an immigration visa.  This would not require her to adjust her status.  

 

You will need the mother's written permission for her to immigrate.  

[Crazy Cat 39,214]

She could legally still use her B2 while the I-130 is being processed.......always at the discretion of the CBP at the border.

[dwood62786 0]

So could I enroll her in schook while the I-130 & I-485 are processing? Wouldnt that be overstaying her visa? She is going home next week. I didn't even know keeping her here was an option? Would it be quicker to keep her here than to go the consular route with the I-130 back in DR?? Thanks guys!

[dwood62786 0]

22 minutes ago, missileman said:

A person can not enter the US via a B2 with the intent to immigrate.......Having submitted an I-485 clearly establishes immigrant intent.......therefore a person who has filed an I-485 MUST have a valid advance parole document to re-enter the US if he/she leaves prior to receiving a Green Card.  Current average processing time for advance parole per other VJ members is 139 days.

 

A person who leaves the US after submitting an I-485 without advance parole is deemed to have abandoned their adjustment of status.

Thank you for your reply. We haven't filed aby documents yet. I'm just trying to figure out which route is quickest as she would like to finish high school here in the US.

[aaron2020 11,651]

2 minutes ago, dwood62786 said:

So could I enroll her in schook while the I-130 & I-485 are processing? Wouldnt that be overstaying her visa? She is going home next week. I didn't even know keeping her here was an option? Would it be quicker to keep her here than to go the consular route with the I-130 back in DR?? Thanks guys!

She can enroll in school.  With a pending AOS, she is authorized to stay.  If she goes home next week, then she will need consular processing for an immigration visa and adjusting her status would be a mistake.  Keeping her here is an option with AOS.  It would be quicker here since she can stay.  It will still take about a year for her to get a green card.  

[dwood62786 0]

Wow! You all have given me a lot to consider! I appreciate your help. I am going to talk to her and my husband. I didn't even know staying in the states and doing AOS was an option (my husband had already overstayed his B1 when I met him) thanks so much!!

[Crazy Cat 39,214]

5 minutes ago, dwood62786 said:

Wow! You all have given me a lot to consider!

There really is a lot to consider......Practically, morally, and legally.......good luck...

[Pinkrlion 2,607]

How can the USC file for the stepdaughter inside the US?  I thought the parent had to file the I-130 since he did not come on a K-1 or a I-130 from DR.  He overstayed his B2, married OP and she filed for him.  

[EM_Vandaveer 2,368]

4 minutes ago, Pinkrlion said:

How can the USC file for the stepdaughter inside the US?  I thought the parent had to file the I-130 since he did not come on a K-1 or a I-130 from DR.  He overstayed his B2, married OP and she filed for him.  

The stepparent is the equivalent of parent for immigration purposes as long as the marriage creating the stepparent-stepchild relationship took place prior to the stepchild's 18th birthday.

So the USC in this situation (as the stepchild is 14) filing for the stepchild is the same exact process as filing for a biological child.

The stepdaughter is an IR of the USC, the USC can file AOS for her.

Edited January 4, 2019 by EM_Vandaveer