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elizabethbrawner

Question about daughter over 21 (Split)

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I have the same question, but my situation is about my daughter who is single and over 21. She is alone in Chile, living in the house I have and I left there. She is studying, but the pandemic and social situation there have been stressing for both of us. When I came to the US my husband couldn't petition her due to her age. I came here in 2020 and my situation is still in the process of removing condition on my GC. I am a permanent resident but the process of condition remotion has been delayed due to pandemic, so they extended my GC for 2 years more. I have read that If I want to fill the I-130 for my daughter I have to be  a permanent resident for 5 years at least (I do not if it is true, I hope someone here can help me with that). I would like to know If I can fill for her the I-130 and adjust her status at the same time, considering that she was admitted under the ESTA program.
I do not want she to go back, it looks like the situation there is getting worse due to violence and crime.The other issue is that chilean are being obligated to be vaccinated. She is getting the shots just because she wants to see me every year. Last year she received the third shot and the government there seems to be straight to the 4th dose. I hope they change their mind, but I feel that she is being murdered. I agreed with vaccination but third and fourth doses is too much. I am afriad for her safety.

I'd appreciate if you could help me with my situation

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Filed: Citizen (apr) Country: Argentina
Timeline
35 minutes ago, elizabethbrawner said:

the process of condition remotion has been delayed due to pandemic, so they extended my GC for 2 years more.

Can you elaborate? This doesn’t sound right…

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Sorry, I sent it and I didn’t complete the message. What I meant, is that the process for removing my conditional situation is delayed. USCIS notified me about this extension and It is for 24 months more, nevertheless the I-751 is still in process. The biometric was done some weeks ago, but I am still waiting for the interview. 
thank you

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*Posts split from other thread. Please do not ask your question in other member's threads.

 

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“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Argentina
Timeline

Did you list her as your daughter when you filled out your immigration forms?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: Citizen (apr) Country: Russia
Timeline

I agree with the others, file the i130, then when the window for your N400 naturalization opens up, files that application.  Have her visit when possible, but forget about her coming on ESTA and adjusting as that would be fraud.  One other thing to keep, in mind, if she were to marry prior to the F2B/F1 process concluding it would move her to F3 and she would have to wait longer. 

 

Good Luck!

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Russia
Timeline
50 minutes ago, carmel34 said:

Don't do this.  It is immigration fraud to enter on ESTA with the intent to stay in the US and adjust status.  File the I-130 petition for her.  She will wait in line like everyone else.  As an LPR filing for a daughter over 21, assuming she stays single, the wait will be 6 or 7 years for F2B category.  If you become a naturalized US citizen during that time, you can upgrade the case to F2A as that will reduce the wait time.  She can visit you in the US during the wait, for short periods of time and then return to Chile, but entry to the US is at the discretion of CBP.  Good luck!

F1 would be the category once the mother naturalizes assuming the daughter remains unmarried.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Brazil
Timeline
53 minutes ago, Dashinka said:

F1 would be the category once the mother naturalizes assuming the daughter remains unmarried.

Yes F1, I edited my post, thanks!

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Filed: F-2A Visa Country: Nepal
Timeline

Regardless of whether you are a LPR or USC, you can only file i130 at this time and i485 6-7 year later if your daughter happens to be in the US in legal status at that time. Filing i485 now will result in rejection or denial down the road. 
As said, best is to file i130 for now with consular processing option. She can visit back and fourth in the mean time.
 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: Taiwan
Timeline

 

7 hours ago, elizabethbrawner said:

I have read that If I want to fill the I-130 for my daughter I have to be  a permanent resident for 5 years at least (I do not if it is true, I hope someone here can help me with that).

Not true.  In addition, the F1 category takes about 7 years for a visa number to be current.  File the I-130 now.  She can continue to make short visits at the discretion of CBP.

Edited by Crazy Cat

"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: Argentina
Timeline

Added to what others have been saying, go back to your own forms when you applied for your GC and see if you listed her as your daughter. If you did not, it might bring complications down the road.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
7 hours ago, elizabethbrawner said:

 I am a permanent resident but the process of condition remotion has been delayed due to pandemic, so they extended my GC for 2 years more. I have read that If I want to fill the I-130 for my daughter I have to be  a permanent resident for 5 years at least (I do not if it is true, I hope someone here can help me with that). I would like to know If I can fill for her the I-130 and adjust her status at the same time, considering that she was admitted under the ESTA program.
I do not want she to go back, it looks like the situation there is getting worse due to violence and crime.

 

1). You do not need to wait.  If you are a GC holder, conditional or not, you can file the I-130 for your daughter NOW.  Do it.  Her category is F2B. 

 

2) There are more USC's filing for their sons/daughters than LPRs.  Therefore, the current wait is about 7 years for F1 (USC son/daughter) and 6 years for F2B (LPR son/daughter).  It has been this way for a while now and will probably stay this way the next few years.  I suggest you to remain an LPR until your daughter immigrates.  Otherwise it may take a year longer.

 

3) Your daughter cannot adjust status now.  One of the requirements for AOS is that a visa has to be available when she files.  That is, her PD has to be current.  Right now F2B's from Sep 2015 are current.  F1 is Dec 2014.  She has to return to Chili.  

 

4)  Do not try to get her to visit 6 years from now when her PD is current to stay and adjust status.  It is fraud to purposely enter the US on a non-immigrant visa (except K1 and certain work visas) to adjust status.

 

 

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Filed: K-1 Visa Country: Wales
Timeline

She can enter the DV.

“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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