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Posted

I am a green card holder. My child is 17 years old, and she is here with me in the US. She came last month; she lives in Canada. Because of neglect from her father, I want her to remain in the US. Can I file her 130 and I 485 together. Going home is not an option. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 minutes ago, Terri456 said:

Can I file her 130 and I 485 together.

An I-485 filed before her I-130 is current will be denied.

"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.

______________________________________

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.. 
 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
5 minutes ago, Terri456 said:

I am a green card holder. My child is 17 years old, and she is here with me in the US. She came last month; she lives in Canada. Because of neglect from her father, I want her to remain in the US. Can I file her 130 and I 485 together. Going home is not an option. 

do you have a court order that gives you custody?  

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
8 minutes ago, Terri456 said:

I am a green card holder. My child is 17 years old, and she is here with me in the US. She came last month; she lives in Canada. Because of neglect from her father, I want her to remain in the US. Can I file her 130 and I 485 together. Going home is not an option. 

She is a category F2a right now.  Are you the spouse of a US citizen?

"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.

______________________________________

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.. 
 

Posted
12 minutes ago, Terri456 said:

I am a green card holder. My child is 17 years old, and she is here with me in the US. She came last month; she lives in Canada. Because of neglect from her father, I want her to remain in the US. Can I file her 130 and I 485 together. Going home is not an option. 

 

As said above, if you're a green card holder she's not eligible to adjust status I'm afraid. But yes, knowing if you are married to a USC is critical - if so, your spouse could petition her and she could adjust status through him/her. Please give us more info on how you became a green card holder and when. 

Posted

My spouse and I am separated at the moment. I will become eligible to apply for US citizenship next year. 

 

I will file the paperwork now and try to make her go home every six months. No, I do not have custody at the moment. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
4 minutes ago, Terri456 said:

My spouse and I am separated at the moment. I will become eligible to apply for US citizenship next year. 

 

I will file the paperwork now and try to make her go home every six months. No, I do not have custody at the moment. 

Filing an I-485 would be foolish as it would be immediately denied.  You can file an I-130.  Be aware, that she will be deportable if she overstays......and she would never be able to adjust status through you as a Green card holder if she overstays.

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.

______________________________________

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.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
1 minute ago, Terri456 said:

No, I am talking the 1-130 only

Great

"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.

______________________________________

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.. 
 

Posted
7 minutes ago, Terri456 said:

My spouse and I am separated at the moment. I will become eligible to apply for US citizenship next year. 

 

I will file the paperwork now and try to make her go home every six months. No, I do not have custody at the moment. 

 

You'll need custody, unless she'll turn 18 soon? Just to be clear, she can't just 'go home every six months', she must live in Canada and visit the US. If it looks like she's trying to live in the US without the proper visa, she may well be denied entry and that would be far worse. But visiting regularly is fine, as long as she has plenty of ties to Canada and isn't trying to visit for too long/too often.

 

If her father is neglectful, is there anybody else she could live with in Canada maybe? 

 

Best of luck. 

Posted
14 minutes ago, appleblossom said:

 

You'll need custody, unless she'll turn 18 soon? Just to be clear, she can't just 'go home every six months', she must live in Canada and visit the US. If it looks like she's trying to live in the US without the proper visa, she may well be denied entry and that would be far worse. But visiting regularly is fine, as long as she has plenty of ties to Canada and isn't trying to visit for too long/too often.

 

If her father is neglectful, is there anybody else she could live with in Canada maybe? 

 

Best of luck. 

Her dad left her at home for 2 months it was a friend of mines that went for her and drove her here. She will be 18 next year July.

Posted
33 minutes ago, Terri456 said:

Her dad left her at home for 2 months it was a friend of mines that went for her and drove her here. She will be 18 next year July.


Could you report her Dad? And have her stay with your friend? 
 

She’s several years away from a visa. The only other option is you return to Canada, after getting a re-entry permit? 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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