SO's Daughter may wish to come to USA as LPR

[PhoenixRising]

My SO's daughter will be graduating college in 2009. She is now indicating that she would like to live in the USA as a LPR. I explained to my SO that her daughter will be over 21 when she graduates from school and it will be very difficult for her to gain entry in the US. It may take 5-10 years before being approved.

She tells me she understands this. I was also told by a Chinese woman that where Mama goes so goes the child. I do not want this to become a problem for us. Children are thickerer then Marriage in most cases. Her daughter is a very sharp kid. She has a good personality and wants to achieve things in life.

Since she may want to come to the USA to live and work is there some sort of a work visa she can obtain?

[Randy W]

My SO's daughter will be graduating college in 2009. She is now indicating that she would like to live in the USA as a LPR. I explained to my SO that her daughter will be over 21 when she graduates from school and it will be very difficult for her to gain entry in the US. It may take 5-10 years before being approved.

She tells me she understands this. I was also told by a Chinese woman that where Mama goes so goes the child. I do not want this to become a problem for us. Children are thickerer then Marriage in most cases. Her daughter is a very sharp kid. She has a good personality and wants to achieve things in life.

Since she may want to come to the USA to live and work is there some sort of a work visa she can obtain?

 

 

She may wish to go to graduate school in the US - that would be easier than being hired straight out of China.

 

Then, if she finds a sponsoring employer, she can get her green card that way.

[DMikeS4321]

My SO's daughter will be graduating college in 2009. She is now indicating that she would like to live in the USA as a LPR. I explained to my SO that her daughter will be over 21 when she graduates from school and it will be very difficult for her to gain entry in the US. It may take 5-10 years before being approved.

She tells me she understands this. I was also told by a Chinese woman that where Mama goes so goes the child. I do not want this to become a problem for us. Children are thickerer then Marriage in most cases. Her daughter is a very sharp kid. She has a good personality and wants to achieve things in life.

Since she may want to come to the USA to live and work is there some sort of a work visa she can obtain?

 

It isn't clear to me how you feel about this (do you feel it will be a problem for your marriage if she comes to the U.S.?), but couldn't she finish college in the U.S.? Seems to me, if that is possible, it would solve the 10 - 15 year wait issue and allow her to go post-grad here in the U.S. anyway. She'd better hurry though; the clock is ticking.

 

If it were me and I was determined to be here in the States, I would eat any additional classes, proceed with college and then go for the post-grad degree. Best of both worlds?

[jim_julian]

Your daughter to be may have an option to emigrate as a K2 with her mother OR emigrate as a K2 Follow To Join at the end of a semester AND then adjust status in the US and return to China to complete her undergraduate degree.

 

While she was in the US doing this she could at least take college courses and polish her English. With luck, the break might only be one semester ... two at the worst.

 

The possible drawbacks are:

 

1. She runs into AOS problems. (But our K2 got her GC pretty quickly and lately most K2s seem not to have a problem)

 

2. The Chinese university won't accept a break in attendance (She could also try to structure this as a "study abroad")

 

Others have suggested the possibility of her just completing the degree here. That has all the usual issues of one college accepting the other's courses and which grants the degree. Probably workable ...

 

I would think the worst alternative is to miss the window for a k visa.

Edited November 24, 2007 by jim_julian (see edit history)

[PhoenixRising]

My SO's daughter will be graduating college in 2009. She is now indicating that she would like to live in the USA as a LPR. I explained to my SO that her daughter will be over 21 when she graduates from school and it will be very difficult for her to gain entry in the US. It may take 5-10 years before being approved.

She tells me she understands this. I was also told by a Chinese woman that where Mama goes so goes the child. I do not want this to become a problem for us. Children are thickerer then Marriage in most cases. Her daughter is a very sharp kid. She has a good personality and wants to achieve things in life.

Since she may want to come to the USA to live and work is there some sort of a work visa she can obtain?

 

It isn't clear to me how you feel about this (do you feel it will be a problem for your marriage if she comes to the U.S.?), but couldn't she finish college in the U.S.? Seems to me, if that is possible, it would solve the 10 - 15 year wait issue and allow her to go post-grad here in the U.S. anyway. She'd better hurry though; the clock is ticking.

 

If it were me and I was determined to be here in the States, I would eat any additional classes, proceed with college and then go for the post-grad degree. Best of both worlds?

I have no objection to her coming here to the US and finishing her degree. However she wishes to graduate in China. Maybe she can come here later go for her masters. That maybe the ticket here.

[LeeFisher3]

My SO's daughter will be graduating college in 2009. She is now indicating that she would like to live in the USA as a LPR. I explained to my SO that her daughter will be over 21 when she graduates from school and it will be very difficult for her to gain entry in the US. It may take 5-10 years before being approved.

She tells me she understands this. I was also told by a Chinese woman that where Mama goes so goes the child. I do not want this to become a problem for us. Children are thickerer then Marriage in most cases. Her daughter is a very sharp kid. She has a good personality and wants to achieve things in life.

Since she may want to come to the USA to live and work is there some sort of a work visa she can obtain?

 

It isn't clear to me how you feel about this (do you feel it will be a problem for your marriage if she comes to the U.S.?), but couldn't she finish college in the U.S.? Seems to me, if that is possible, it would solve the 10 - 15 year wait issue and allow her to go post-grad here in the U.S. anyway. She'd better hurry though; the clock is ticking.

 

If it were me and I was determined to be here in the States, I would eat any additional classes, proceed with college and then go for the post-grad degree. Best of both worlds?

I have no objection to her coming here to the US and finishing her degree. However she wishes to graduate in China. Maybe she can come here later go for her masters. That maybe the ticket here.

As others have said not Adjusting Status before age 21 can be a real problem resulting in a 5-10 year delay in getting to the US.

 

With her mother being an LPR she may be denied a student visa because the VO could easily consider this an attempt to immigrate as she would have little reason to return to China as her mother is already in the US.

 

Also, once a petition is filed for her to immigrate to the US the chances of getting a visitor or student visa are pretty low.

 

She needs to swallow her pride and consider the options available to her now, otherwise she will probably not have an option to get to the US until she is 30 years old.

 

You need to make sure mom understands this situation and that there is nothing you can do to change the options.

[jim_julian]

The "come here later for her Masters" does not wind up with LPR status.

 

IF she is accepted for a Masters degree after she is 21 she just comes for the degree (I think on the same kind of J visa that an undergrad has) then when she's finished she goes back to China for the XX year wait.

 

The quickest way to LPR is a K-2 visa with college options as outlined in multiple posts above.

 

I really recommend that you discuss this with both ladies in some detail so they understand. Once you embark down a path that does not include a K visa for daughter you are stuck on a many year wait which, if I read between the lines, could put stress on your impending marriage.

[Randy W]

The "come here later for her Masters" does not wind up with LPR status.

 

IF she is accepted for a Masters degree after she is 21 she just comes for the degree (I think on the same kind of J visa that an undergrad has) then when she's finished she goes back to China for the XX year wait.

The quickest way to LPR is a K-2 visa with college options as outlined in multiple posts above.

 

I really recommend that you discuss this with both ladies in some detail so they understand. Once you embark down a path that does not include a K visa for daughter you are stuck on a many year wait which, if I read between the lines, could put stress on your impending marriage.

 

 

All she needs to stay (after a student visa) for her green card is a job from a sponsoring company. This can be easy or difficult, depending on her field of study.

 

I have known people who came here on student visas, despite having close relatives already in the company. I don't think this is an issue, if she can get accepted to an American university.

 

But, yes, see if you can't convince her to use the K-2, if possible.

[MikeandRong]

You as the father of the family need to do what is best for the family. All the above posts tell you what is best. What the child wants is not always the best however convincing it may seem. Get her here and adjust status before 21 and it will open more paths than it will shut out.

[jim_julian]

You as the father of the family need to do what is best for the family. All the above posts tell you what is best. What the child wants is not always the best however convincing it may seem. Get her here and adjust status before 21 and it will open more paths than it will shut out.

 

Amen to that!

[griz326]

From memory:

 

If you married in China your relationship with the child must have begun before the child turned 18.

 

If you filed for a Fiancee visa you have until the child is 21 so long as the child is named in your application.

 

I am not familiar with the other paths into the country...other than to say that my company brings in foreign nationals very quickly.

 

You said the child is "sharp" ... sharp in what? Science, engineering, medicine...or clothing design???