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Advice please on daughter

Advice please on daughter

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Old Mar 4th 2009, 8:28 am
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Default Advice please on daughter

Hi everyone, I posted a while back before I had done much investigation and have spent the last 6 months driving myself mad with question, most of which have been answered by my obsessive lurking of these boards. Thank you all for the advice I have read.
However, one thing I’m still a bit stuck on:

I am now going to go to US in a few weeks (on VWP) and get married (with a license this time), go back to London and my Husband will file I-130 for me from there. Hopefully the process will be average in time.
My main issues have been about my daughter who will turn 21 on 12th July 2010.

If I am successful and receive CR1 before that date and head off to ‘activate’ it, will I be able to file immediately for my daughter?
Also, would it possibly be a quicker process if I waited until I became a citizen and THEN file I-130 for her?

I am now aware that either option will be a long wait; I just don’t want to make the wrong decision. I love my daughter so much and hate the thought of separation.

Now all this is hypothetical because she may not want to move over at all, as she is at Uni at the moment and things change. We have been doing the long distance thing for 6 years and need to start making decisions.
Sorry if this is the wrong forum, please move if it is
Thank you so much in advance for any advice.
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Old Mar 4th 2009, 8:31 am
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Default Re: Advice please on daughter

Originally Posted by merz
My main issues have been about my daughter who will turn 21 on 12th July 2010.
If she's unmarried, she can come on the same ticket as you AFAIK. But she'll have to play by the residency rules if she wants to keep it.
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Old Mar 4th 2009, 8:35 am
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Default Re: Advice please on daughter

Hi fb, thanks for reply..

I believe she can't come with me as I didn't marry before she turned 18 so she misses out on being a 'stepchild'.

I would love to be wrong on that!
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Old Mar 4th 2009, 8:41 am
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Default Re: Advice please on daughter

My advice would be to go ahead and file her I-130 when you become a PR. That way she secures a place "in line". When you become a USC, if she hasn't yet immigrated, then her category will change, and she'll continue to stay where she was "in line" without having to start over.

Seems like the most logical thing to do.

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Old Mar 4th 2009, 8:43 am
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Default Re: Advice please on daughter

Originally Posted by merz
Hi fb, thanks for reply..

I believe she can't come with me as I didn't marry before she turned 18 so she misses out on being a 'stepchild'.

I would love to be wrong on that!
Mea culpa. Now I see the problem.
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Old Mar 4th 2009, 8:48 am
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Default Re: Advice please on daughter

Thank you , Rene.

I thought that was the way to go but then confused myself with the age conversion thing!

Are we still looking at 6+ years?
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Old Mar 4th 2009, 8:54 am
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Default Re: Advice please on daughter

Originally Posted by merz
Are we still looking at 6+ years?
I think it would be closer to 10. I think it's about 10 for unmaried children 21+ of permanent residents and married children of citizens and about 7 for unmaried children of citizens. You would have to check the visa bulletin at the time you file and then periodically after.
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Old Mar 4th 2009, 8:55 am
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Default Re: Advice please on daughter

Originally Posted by merz
Thank you , Rene.

I thought that was the way to go but then confused myself with the age conversion thing!

Are we still looking at 6+ years?
Here is the Visa Bulletin to keep an eye on: http://travel.state.gov/visa/frvi/bu...etin_4428.html

Scroll down to the first table, and look at category 2A and then 1st. That tells you what year's petitions they are working on right now. First she will be in category 2A, and then when you become a USC, she'll be in 1st category (as long as she stays unmarried). There's no way to really predict the backlog at a future time, but you can see right now they are working on petitons from 5 years ago.

Rene
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Old Mar 4th 2009, 9:04 am
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Default Re: Advice please on daughter

Thank you for the replies and the link...

I will also continue with my eeeevil plan of setting her up with a nice American boy..
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