# Bring daughter to USA



## nikkikl (Feb 23, 2010)

Hi there

I am currently a Permanent Resident in the USA, my husband is a US Citizen. I'll apply for Citizenship in a couple of years when I can. My daughter (who is almost 20) was supposed to come with me to the USA but changed her mind at the last minute and her approved Visa has since expired 

However, she has changed her mind and wants to move! That's awesome for us but how do we get her here? Is it the same/similar process as the K1? Is it even possible?

Thanks in advance. 

Nikki


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## twostep (Apr 3, 2008)

nikkikl said:


> Hi there
> 
> I am currently a Permanent Resident in the USA, my husband is a US Citizen. I'll apply for Citizenship in a couple of years when I can. My daughter (who is almost 20) was supposed to come with me to the USA but changed her mind at the last minute and her approved Visa has since expired
> 
> ...


This should walk you through. Please do not disregard the cut off of 21!
USCIS - Green Card for a Family Member of a Permanent Resident


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## nikkikl (Feb 23, 2010)

Thanks for that Twostep. I see the cut off age being 21, so if we apply next week for example, we will be safe? Any idea about roughly how long it will take to get her here and moved to Perm Resident status? She also wants her BF to come over but I'm not even going there yet, getting her here is the priority.


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## Crawford (Jan 23, 2011)

The following page lists the timescales for visa processing for family sponsored visas.

If I'm reading it correctly for a child (under 21) of permanent resident (F2A), the US is processing visas applied for in October 2010.

So a wait of over 2 years.

For over 21 year old it appears to go up to 7 years

Visa Bulletin For February 2013


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## nikkikl (Feb 23, 2010)

Thanks Crawford.
Wow, that's longer than I thought :/ I'll be a citizen by then I think. I wonder if the age at application carried through so if we put in the application immediately, the 2 years would count rather than bump her to 7 years? Maybe I need to see an Immigration Lawyer this time rather than navigate it all myself?

I could throttle her for changing her mind after her visa expired!


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## Crawford (Jan 23, 2011)

........ and don't even think about getting the boyfriend over.

He has little to no chance of getting a visa based on the current circumstances you have outlined.


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## twostep (Apr 3, 2008)

She does not qualify as dependent child once she is married. Davis1 may have some input on the scenario "married after filing unmarried".


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## nikkikl (Feb 23, 2010)

She won't get married. I've made it very clear that if she did that, it would make life incredibly difficult, if not impossible regards a move to the USA. Plus she's only 19 right now so hopefully that kind of shenanigans is a way off! Maybe after she gets PR? 

I guess a 2 year wait may serve her well (ish) as she can finish her degree. That's a plus


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## Davis1 (Feb 20, 2009)

THe alien child of the principal beneficiary who is under the age of 18 at the time of the principal beneficiary's marriage to the petitioner will qualify as a stepchild. 

201(b) of the Immigration and Nationality Act ("INA") defines "immediate relatives" to include: 

spouses, 
minor children (under the age of twenty-one), and 
parents of U.S. citizens (if the citizens are at least 21 years old). 
This category is clearly reserved for immediate relatives of U.S. citizens, not permanent residents. There is no limit to the number of immediate relative visas that may be issued in this category in any given year. 

some family members of an immediate relative may be entitled independent immediate relative status. For example, an alien child of the principal beneficiary who is under the age of 18 at the time of the principal beneficiary's marriage to the petitioner will qualify as a stepchild. However, a separate visa petition must be filed for each immediate relative. 


which mean if you daughter was under 18 at the time of the marriage then she is an Immediate ratwe and will be here in a year

go see an aila lawyer for a consult with all the facts


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## nikkikl (Feb 23, 2010)

Thanks Davis1

She was 18 when we got married - I guess that still counts?

Totally agree in the lawyer... something I will get on to ASAP.

Everyone... thank you SO much for the help. It has been invaluable.


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## Crawford (Jan 23, 2011)

So, if the daughter WAS 18 at the time of marriage, not under 18, does this mean she can or cannot claim as a dependent for the visa.


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## Davis1 (Feb 20, 2009)

no sorry at 18 she became an adult .. she had to be under 18 ...


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