Bringing our daughter here

[shyaushu]

Zhenshu has her interview December 7, and we have every hope she will be here a few days later. Anything can happen, as we all know, and which was dramatically reinforced by today's denial reversal posting.

 

Unfortunately, our daughter is 22 years old, so she was not eligible to join Zhenshu as a minor child on her visa. She and my wife have been struggling (we all have) because we will have to "leave" her.

 

Is there any hope of being able to have her join us here in some reasonable time frame? I learned from INS that she is only eligible for a regular immigration visa, and that typically takes about nine years. We'll all be dead by then!

 

Perhaps we could try for a student-type visa, but we want things to be legal, and more importantly, permanent.

 

Any suggestions?

[warpedbored]

Once your wife has her green card she can apply to bring her over here. Since your wife is not a US citizen she will get 2nd priority on available visas. There are X number of these visas per year so you grab a number and stand in line. Last I heard it was roughly 2 - 5 years. for unmarried sons or daughters.

[bobmal99]

Once your wife has her green card she can

apply to bring her over here.  Since your wife

is not a US citizen she will get 2nd priority

on available visas.  There are X number of

these visas per year so you grab a number

and stand in line.  Last I heard it was roughly

2 - 5 years. for unmarried sons or daughters.

172208[/snapback]

 

This process takes about a year. When you get

your AOS approved start the paperwork. Then

you will apply as a US Citizen with this child as

your legal stepdaughter.

 

At the interview in GZ, the main item they

want is your wife's green card. Believe me

I know as I just went through it with

minor children..

 

Best of luck to you both..

[warpedbored]

That only applies to minor children Bob.

 

Overview of Immigration Process

A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

 

You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.

 

Eligibility

 

To be eligible to sponsor a relative to immigrate to the United States you must meet the following criteria:

 

You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.

 

You must prove that you can support your relative at 125% above the mandated poverty line. Click here to find out more information about meeting this criteria and filing the Affidavit of Support.

 

If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:

 

Husband or wife;

Unmarried child under 21 years old;

Unmarried son or daughter over 21;

Married son or daughter of any age;

Brother or sister, if you are at least 21 years old; or

Parent, if you are at least 21 years old.

 

Preference Categories

 

The relative you wish to immigrate must obtain an immigrant visa number that is based on the preference category in which they fall.

 

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. Click here for information on obtaining an immigrant visa number if you are an immediate relative of a U.S. citizen. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

 

 

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

 

Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.

 

Third Preference: Married sons and daughters of U.S. citizens.

 

Fourth Preference: Brothers and sisters of adult U.S. citizens.

 

Once USCIS receives your visa petition, I-130, Petition for Alien Relative, it will be approved or denied. USCIS will notify the person who filed the visa petition if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you, the foreign national, when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your alien relative, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.

 

The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

For an excellent overview of immigration, please see the chapter and tables on immigrants in the Immigration Statistical Yearbook. For more information on immigrant visa numbers, please see How Do I Get an Immigrant Visa Number?

Edited November 28, 2005 by warpedbored (see edit history)

[frank1538]

This process takes about a year.  When you get

your AOS approved start the paperwork.  Then

you will apply as a US Citizen with this child as

your legal stepdaughter.

172210[/snapback]

I'm not sure about this. As a general rule, for the USC to petition a step child, the child must be under age 18 at the time of the marriage.

[bobmal99]

Ooops!!!!

[shyaushu]

Ooops!!!!

172225[/snapback]

Frank's perspective is the one we have been operating under, and, thus, we did not file a petition for our daughter at this time. But the wealth of information provided by you all suggests the time frame for getting our daughter here may be as short as year or so, or perhaps 2 or 3 years.

 

That's much better than nine!

 

Zhenshu will be very pleased by this information, and so will Hong Ye.

 

Thanks for all your advice and knowledge.