AOS for minor child

[06dak 5]

Basic info:

Mom has green card >5 years. Has full custody. Dad is not in picture anymore.

Stepdad is USC

Child (middle school age) has visited during school break on B2 visa. After an emotional 3 week stay really does not want to return to home country, as they miss being with their mom and the mom can't visit frequently anymore due to work. So we are looking at applying AOS for a green card. Currently is authorized to stay 6 months.

 

The process is complicated as always, but straightforward - but for a couple of items. I've looked around the forum for answers, but it does not seem common for kids to go through this process because they usually follow the parents. Unfortunately that was not an option at the time.

 

So I have 2 fairly simple questions:

1. The "90 day" rule - from my research that is just a guideline to determine the level of scrutiny to put on an application. Is there a "too soon" to apply?

2. Since she is of school age, we don't want her waiting 3 months at home during the school year. I fully understand the B2 rules say that it's NOK to go to school on a B1 visa. But do we really have to wait until we apply for the AOS? Or would it be reasonable to send them to school since we plan to apply for GC anyway? Applying for AOS after 90 days is really hard due to these school obligations.

 

Thanks all for your help.

 

[manyfudge 269]

1) Yes, just a guideline.

2) In practice, it is done all the time - but the school board can always sue you for tuition.

 

Is the child here now?

[06dak 5]

1 minute ago, manyfudge said:

1) Yes, just a guideline.

2) In practice, it is done all the time - but the school board can always sue you for tuition.

 

Is the child here now?

 

Yes, the child is here now.

 

[Boiler 43,464]

We do not the Country concerned or what the legal system expects to allow a child to emmigrate.