BritInParis

Clear as mud then

scrubbedexpat099

What the risk of flying twice across the Atlantic, not mega but not nil.

crg

The schools don't turn kids away for immigration status, but attending school as a visitor is a violation of the person's immigration status. So you need to decide if this move is really going to be permanent because once the child attends school on the VWP, then all future VWP travel is off the table. All future will be with either an I-512 parole document or a green card (if the person continues to be an intending immigrant). AOS is doable in this case because of the USC spouse counts as an immediate relative. Without the USC spouse, a child of an LPR cannot adjust from VWP visitor to LPR.

scrubbedexpat099

Certainly if she is staying best to file asap, and not travel without AP.

Emma M80

That's useful to know, thank you.
So when we file, would we file with my husband as the petitioner and me as a "joint sponsor", or would it matter? He's her step father, I'm her biological mother, would that have any bearing on this case?

scrubbedexpat099

If he can not show the financials then you can be the joint sponsor.

S Folinsky

Daughter is a "step-child" of an AmCit. He would petition for her on the I-130. Concomitant with being the petitioner he is a required sponsor on the I-864 affidavit of support.

Although the case appears eminently doable, there are issues which suggest an experienced local immigration attorney may be a good idea.

(BTW, I am amused that many of the lay "regulars" here are stronger naysayers than my professional paranoia. Over the years, it has been just the opposite)

scrubbedexpat099

Enquiring minds would like to know what these issues may be.

civilservant

Yet again there is no expansion on what they are.... your posts are so frustrating! If you think we are naysayers and you know better than please, educate us!!

S Folinsky

I suggest you read this thread.

crg

When I saw your post, I thought someone must have hacked your account!

Emma M80

So would I need to file both I-130 and I-485 concurrently, or just the I-485?

Rete

Both! And you will not file, your USC husband needs to file under his name. Also include the I-131, I-485 and the Affidavit of Support I-864 since she is in the US and will not be leaving. Both the I-130 and the I-485 will be adjudicated at the same time, usually at the time of the AOS interview if there is one.

Did you not have your consultation with an immigration attorney yet?

Emma M80

Thank you! No, not yet. Although we are trying to find a good one that's not too far away.

Rete

AILA - American Immigration Lawyers Association

Is your daughter still within the 90 days of her VWP entry permitted timeline?