Petitioning for daughter close to age 21 while we live outside the US

[Alj1675 2]

Hello:

 

I currently live in Canada but preparing to move back to the US once I get a few things straightened out. I am hoping to do so within the next three years. Would be great if I am able to do so before....

 

I have two daughters, ages 20 and 18 whom I would like to petition for their US immigrant visas.  

 

I heard that once a child becomes 21 the process for them getting an immigrant visa through a parent take much longer than a year. Is this true?

 

I want to file their papers before my oldest reaches age 21. However, I understand that an immigrant visa could be granted anywhere from eight months to a year.

What I wouldn’t want to happen is for their visas to be granted and I would not be able to relocate with them, regardless they have family members they could stay with. Well, I understand that the sponsor (me)would need to be domicile in the US at the time my children arrive in the country. Is this true?

 

I believe once an immigrant visa is issued, the applicant(s) must arrive in the US no later than six months after the issuance of such visa. Are there options whereas one can submit an immigration application and ask for a delay in relocation time once the visa has been approved?

 

Are there any special support services or organizations to aide US citizens abroad relocate back to the US with their family?

 

Thanks so much for all your helpful advice

[Mike E 11,730]

Best is to file I-130 now and not worry about them aging out until to get there.  But read my next comment …

Edited July 2, 2022 by Mike E

[Mike E 11,730]

My understanding is that the  Child Status Protection Act (CSPA)  of 2000 protects both your daughters from aging out because you are a US citizen. 
 

They have to stay unmarried. And they should avoid getting pregnant to avoid  the complications of how to bring your grandchildren.  
 

Once they have entered the USA on their immigration visas, they are free to marry.  Babies are best birthed in the USA.  If their others were born in Canada their children born in the USA will automatically be dual citizens from birth. 
 

You must be physically inside the USA before your daughters can use their immigration visas. 
 

You can delay filing DS-260 and/pen the AOS fee to delay the interview but for the 20 year old this is playing with fire, despite CSPA.  I wouldn’t mess around. 

Edited July 2, 2022 by Mike E

[Alj1675 2]

Appreciate the response Mike. However, I need to get the facts before taking early steps. Once the US give a timeline they don't sway from such if one's needs/desires is not part of their procedures. I have the I-130 forms ready to go but I need to be sure of what accommodations are available.

[Alj1675 2]

Regarding the CSPA, thanks for that information also. I will read up on it.

[Boiler 43,859]

It is going to take 18 months or so and this is a family reunification visa, Canada is particularly keen on you showing you are in the US

[Mike E 11,730]

7 minutes ago, Alj1675 said:

Appreciate the response Mike. However, I need to get the facts before taking early steps. Once the US give a timeline they don't sway from such if one's needs/desires is not part of their procedures. I have the I-130 forms ready to go but I need to be sure of what accommodations are available.

Mistakes in a I-130 or DS-260 can lead to denial after age 21 and then it is too late.  
 

There is zero reason to not file I-130, online, today for the 20 year old.  This gives you potentially one or more successive attempts.  
 

Btw had you started this before they turned age 18, you could have expedited and secured US citizenship.  
 

Finally are you sure they aren’t US citizens now?

Edited July 2, 2022 by Mike E

[Alj1675 2]

Yeah, that's my concern for the 20 year old. I will get on the paperwork asap and worry about what comes after. Thanks

[SalishSea 16,984]

3 hours ago, Alj1675 said:

What I wouldn’t want to happen is for their visas to be granted and I would not be able to relocate with them, regardless they have family members they could stay with. Well, I understand that the sponsor (me)would need to be domicile in the US at the time my children arrive in the country. Is this true?

These are family reunification visas.  As the petitioner, you would absolutely need to be domiciled in the US before they could immigrate.

[Mike E 11,730]

2 hours ago, Jorgedig said:

These are family reunification visas.  As the petitioner, you would absolutely need to be domiciled in the US before they could immigrate.

While this is true, even joint sponsors who have no family relation to the beneficiary have to be physically in the USA before the beneficiary can enter the USA on an immigration visa.  
 

Once again I refer the community to one of most underrated comments I’ve seen in VJ history:

 

[SusieQQQ 11,585]

Just to clarify - it’s been said but maybe git a but muddled - CSPA means if you are a USC and you file for a child under 21, their (CSPA) age is frozen on the date the petition is properly filed. 
 

From uscis: 

If you are an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative child of a VAWA self-petitioning abused spouse or child of a U.S. citizen, your age is frozen on the date the Form I-130 or Form I-360 is filed. If you were under the age of 21 at the time the petition was filed, you are eligible for CSPA and will not age out. However, you must remain unmarried in order to qualify.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa