My daughter wants to stay
Nov 5th 2003, 2:41 am
#1
Just around the next bend
Thread Starter
Joined: Sep 2002
Location: Missouri
Posts: 2,276
My daughter wants to stay
Hi,
As many of you know, my youngest daughter (14 years old) has been undecided about coming to live with Kurt and me in the US. She stayed in the UK with her father until two weeks ago, when she came over with her older sister for our wedding.
Today, as we drove them both to the airport to return to the UK, she announced that she really wanted to stay here. There was lots of discussion, and to cut a long story short, she has stayed here. (Her sister is currently on the plane, travelling back to London.)
What I need to know is, can we adjust her status from her visa waiver if necessary? We had already gone through a lot of the K2 process, to the point of having all her vaccinations, etc done, but she point blank refused to come to the medical and interview with me, saying she would decide "later".
Can anyone point me in the right direction, please? Because of having the girls and other family over, we have not actually applied for my AOS yet, either, although we have sent off for the forms from USCIS.
Debbie
As many of you know, my youngest daughter (14 years old) has been undecided about coming to live with Kurt and me in the US. She stayed in the UK with her father until two weeks ago, when she came over with her older sister for our wedding.
Today, as we drove them both to the airport to return to the UK, she announced that she really wanted to stay here. There was lots of discussion, and to cut a long story short, she has stayed here. (Her sister is currently on the plane, travelling back to London.)
What I need to know is, can we adjust her status from her visa waiver if necessary? We had already gone through a lot of the K2 process, to the point of having all her vaccinations, etc done, but she point blank refused to come to the medical and interview with me, saying she would decide "later".
Can anyone point me in the right direction, please? Because of having the girls and other family over, we have not actually applied for my AOS yet, either, although we have sent off for the forms from USCIS.
Debbie
Nov 5th 2003, 3:29 am
#2
Forum Regular
Joined: Oct 2003
Location: Florida
Posts: 125
Re: My daughter wants to stay
Dbark:
If London does things similar to Manila, the answer is yes. Your minor child, as long as she was listed on the original I-129F petition, is eligible for a K2 for up to one year after yours is issed.
SHe will need to have the medical and interview. Upon her arrival, you will need to file her AOS papers immediately. Also, even though British Citizens are on the visa waiver program, before you leave the US while your AOS is pending...make sure you have advance parole (I-131) because otherwise your departure from the US consititutes an aboandonment of your AOS petition.
Good luck
If London does things similar to Manila, the answer is yes. Your minor child, as long as she was listed on the original I-129F petition, is eligible for a K2 for up to one year after yours is issed.
SHe will need to have the medical and interview. Upon her arrival, you will need to file her AOS papers immediately. Also, even though British Citizens are on the visa waiver program, before you leave the US while your AOS is pending...make sure you have advance parole (I-131) because otherwise your departure from the US consititutes an aboandonment of your AOS petition.
Good luck
Nov 5th 2003, 4:29 am
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: My daughter wants to stay
Originally posted by dbark
Hi,
As many of you know, my youngest daughter (14 years old) has been undecided about coming to live with Kurt and me in the US. She stayed in the UK with her father until two weeks ago, when she came over with her older sister for our wedding.
Today, as we drove them both to the airport to return to the UK, she announced that she really wanted to stay here. There was lots of discussion, and to cut a long story short, she has stayed here. (Her sister is currently on the plane, travelling back to London.)
What I need to know is, can we adjust her status from her visa waiver if necessary? We had already gone through a lot of the K2 process, to the point of having all her vaccinations, etc done, but she point blank refused to come to the medical and interview with me, saying she would decide "later".
Can anyone point me in the right direction, please? Because of having the girls and other family over, we have not actually applied for my AOS yet, either, although we have sent off for the forms from USCIS.
Debbie
Hi,
As many of you know, my youngest daughter (14 years old) has been undecided about coming to live with Kurt and me in the US. She stayed in the UK with her father until two weeks ago, when she came over with her older sister for our wedding.
Today, as we drove them both to the airport to return to the UK, she announced that she really wanted to stay here. There was lots of discussion, and to cut a long story short, she has stayed here. (Her sister is currently on the plane, travelling back to London.)
What I need to know is, can we adjust her status from her visa waiver if necessary? We had already gone through a lot of the K2 process, to the point of having all her vaccinations, etc done, but she point blank refused to come to the medical and interview with me, saying she would decide "later".
Can anyone point me in the right direction, please? Because of having the girls and other family over, we have not actually applied for my AOS yet, either, although we have sent off for the forms from USCIS.
Debbie
She can file for adjustment combined with an I-130 by Kurt as his stepdaughter. No real need for the K-2. Be prepared to explain what happened. Given your fact situatiion as you expalined it, I would feel comfortable with that situation. The issues that arise can be solved.
Nov 5th 2003, 4:37 am
#4
Guest
Posts: n/a
Re: My daughter wants to stay
dbark wrote:
>
> Can anyone point me in the right direction, please? Because of having
> the girls and other family over, we have not actually applied for my AOS
> yet, either, although we have sent off for the forms from USCIS.
>
Adjustment of status can be filed. The major difference is that for her
it would require submission of an I-130 by the USC stepparent.
Of course, if it was less than a year since you've arrived, it might be
safest for her to go back and get a K-2. For a really good answer,
consulant an attorney.
>
> Can anyone point me in the right direction, please? Because of having
> the girls and other family over, we have not actually applied for my AOS
> yet, either, although we have sent off for the forms from USCIS.
>
Adjustment of status can be filed. The major difference is that for her
it would require submission of an I-130 by the USC stepparent.
Of course, if it was less than a year since you've arrived, it might be
safest for her to go back and get a K-2. For a really good answer,
consulant an attorney.
