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Elizabeth865

Filing a student visa for my daughter who is 21 years old while processing my I-130

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Hi, I have a big concern about appliying for a student program for my daughter who is 21 years old so she couldn't be included in my I-130. We are thinking about to make her to take an undergraduate program but we are not sure if we can do it before our I-130 is approved. We have already sent the application form and we haven't received any response so far. ¿Could this issue be a probem for me if I sent her to the USA on a Student Visa before me?

 

Thank you in advance

Edited by Elizabeth865
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Filed: Citizen (apr) Country: Taiwan
Timeline

Is she has immigrant intent, she can not enter the US via an F-1 student visa...

 

"The INA requires that at the time of F-1 visa adjudication, the consular officer be satisfied that the alien intends to depart upon termination of his/her student status. Consequently, the consular officer must be satisfied that the applicant, at the time of visa application:

  1. Has a residence abroad;
  2. Has no immediate intention of abandoning that residence; and
  3. Intends to depart from the United States upon completion of his/her course of study.

In the context of the F-1 visa application, due to the presumption of the immigration intent rule, an F-1 visa applicant has the burden to prove that s/he possesses a residence abroad that s/he has no intention of abandoning."

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
Timeline
5 minutes ago, Elizabeth865 said:

So, there is no way to bring her to the US? I can't abandom her in my country, she is studying still and according to our law she is my dependant until she is 28.

There is no fast route...It will take several years.  You might be interested in this article:  https://www.nolo.com/legal-encyclopedia/filling-out-form-i-130-adult-son-daughter-over-21-us-permanent-resident.html

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Wales
Timeline

She can apply for a visa to study in the US. Why can she not just carry on her studies in your country?

“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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13 minutes ago, Elizabeth865 said:

according to our law she is my dependant until she is 28.

Curious 

 

however in US law that’s not the case. It will be difficult to get an F visa, probably. Is it an option for your husband to move to your country if you can’t leave her alone at university?

Edited by SusieQQQ
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Since I got my divorce, under the law, both, my ex husband and me are her tutor until she is 21 years old, but since she is studying the law obligue us to pay her an alimony until she finishes her program. If we don´t do it she will be able to lawsuit us and make her to pay her alimnoy from the time we stopped. If she stops studying during her program we have to lawsuit her and prove that she started doing her life so we can stop any kind of legal process.

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Filed: Citizen (apr) Country: Taiwan
Timeline
1 minute ago, Elizabeth865 said:

 

She can apply for a visa to study in the US. Why can she not just carry on her studies in your country?

Because it is more expensive for me to leave her here paying everything if I had a second house. I mean housing, transpor, food, study program and so on...

Are you trying to get a visa for her to temporarily study in the US or to immigrate to the US and live?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

It possible unless your daughter is an outstanding students. I know a boy got his student visa while he has petition pending( derivative from parents). However, he was a outstanding students. Another problem is the cost, can you pay around 60k-70k USD each year?.

Edited by H&T
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Filed: K-1 Visa Country: Wales
Timeline

On what basis are you looking for her to be able to stay?

“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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