Hi all

I am currently in US on my perm resident greencard. Last week I filed the I-130 for my 7year old daughter who is here with me.

Does anyone know what will happen if i return to the UK with my daughter and wait until she has been approved before returning to US permenantly. I'd like her to finish her academic year at school. Im hoping her papers will be sorted by September. Is this realistic?

Kindest regards

If you have an unexpired green card, you can probably safely stay outside the USA for 5 months without a problem. Make sure you maintain your ties to the USA, to show that you do not intend to abandon your PR status.

That said, if you've just now filed the I-130, your daughter won't have her visa interview in only 5 months. According to the Visa Bulletin here: http://www.travel.state.gov/visa/bul...etin_5900.html, USCIS is currently working on petitions in the F2A category which were filed in Dec 2010 (2.5 years ago). So there is a backlog in your daughter's category.

Rene

Thank you Rene!

When you say 'maintain ties to the USA' what do you mean exactly? I am not working or earning any money here so I cannot file taxes, but i do have my social, 3 bank accounts and my drivers licence... What else could I do to maintain ties?

Owning or renting a home which you do not intend to abandon, for example.

I'd be more concerned that your daughter is not going to be able to return with you in September.

Don't forget you'll also need permission from the child's father to remove her from the UK.

Rene

File for a re-entry permit, that would be a good idea.

Are you eligible for U.S. citizenship?

It would also be interesting to know why your daughter was not included when the original poster became a permanent resident in the first place? Others would be able to comment more, but would it be possible to file for her as a beneficiary of the original employment petition, for example. And under what circumstances is she now in the United States?

Your post raises several questions in my mind. It is not uncommon for posters here to pose the wrong question.

Based upon the limited facts you post, there is a possibility that your daughter may not need an I-130 approved on her own behalf or perhaps a step-child I-130 may be in order.

You may want to obtain a legal consultation. Lawyers tend to ask more questions.

While you might not be required to file a tax return, you most certainly could if you wanted to!

Ian

If you are earning any money anywhere else in the world (not just the USA), you should be declaring that worldwide income on a US tax return. I don't know if that applies to you or not, but since you specified "here" (the USA), I thought I'd point out that income from elsewhere also needs to be declared (if it's over the IRS minimum threshhold required for filing a tax return).

Rene

Thank you all for your responses... I'll research and look into things further...

Are you eligible for U.S. citizenship? No

It would also be interesting to know why your daughter was not included when the original poster became a permanent resident in the first place? She wasn't born or even thought of.

...under what circumstances is she now in the United States? on her UK passport

I'd be more concerned that your daughter is not going to be able to return with you in September. Do you think she could stay here with me? My concern is that she will be without schooling... Ive been told she cannot attend school without permanent residency

Don't forget you'll also need permission from the child's father to remove her from the UK. I had a notorised letter from him but there was no option for this type of permission on the actual application so i wonder what they do and how long it takes

Rene[/QUOTE]

Is there a US stepfather?

I might suggest that a face-to-face paid consultation with an experienced immigration lawyer might very well be in order.

There are some things that are best not discussed on a public internet forum.

Furthermore, deponent sayeth not.

Where is "here"? Unless your daughter is a USC or has a type of visa allowing her to stay in the USA, she can't stay in the USA beyond her allotted time as a visitor. If she's currently in the USA on the VWP, that means 90 days.

Nadine, some things in your posts don't quiet add up, such as saying your daughter didn't exist when you originally became a US PR (or at least when an application for your PR was submitted). Your daughter has existed for 7 years. That means if you became a US PR at least 7+ years ago, you should be eligible for US citizenship (unless you've been spending too much time outside the USA, or aren't eligible in some other way).

Of course we don't know how you became a US PR...through a USC spouse, through work, through asylum....?

With such limited information here, I agree your best bet is to have a consultation with an immigration attorney.

Rene

This does not adequately answer the question. She is not in the USA "on her UK passport". Assuming that she was inspected by a CBP officer when she entered, she requested entry for a particular purpose and she was given a code of entry and terms of entry that are consistent with that purpose.

Perhaps she traveled to the USA using the Visa Waiver Program and was granted entry for a 90-day period as a tourist? If something else, what? I ask with the caveat that you should heed Mr.F's caution that some things are better not discussed in a public forum.

Regards, JEff