Daughter petition

Old May 29th 2001, 4:16 am
  #1  
Steve
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I wonder if anyone can offer advice.

I am a green card holder and married to a US citizen. As we have been married less
than 2 years this is conditional. I am employed in the US and have already filed
taxes and paid a 'considerable' sum of income taxes last year, as has my wife also.

My daughter from the UK now wishes to join us permanently and attend a local public
school during the next few months. Being unselfish, her UK mother and legal guardian
has agreed to this as it's her daughter's wish to be with us.

I need to know how quickly I can effect this change and secondly is it true that I
shall have to pay for her education even though my wife and I are US taxpayers? The
public school I have contacted have requested that I pay them $4500 up front for her
first year's education which I feel is a little unfair!

Thereafter, they have told me that after 10 months (under Florida Law) she has to go
to an independent school, which will cost me over $11,000 per year. This is rather
disheartening as we want our daughter with us but at this juncture cannot afford the
fees being asked.

Any advice would be much appreciated.
 
Old May 29th 2001, 8:44 am
  #2  
Sylvia Ottemoeller
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Steve wrote:

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If she is an F-1 status holder, yes. If she is a permanent resident of the U.S., you
will not have to pay the extra fee.

The public school I have contacted have requested that I pay them
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The public school is correct about your daughter's situation if she enters the U.S.
in the quickest way, by obtaining F-1 status. See
http://travel.state.gov/visa;foreignstuden.html, http://www.nafsa.org/content/Profes-
sionalandEducationalResources/ImmigrationAdvisingResources/b3.htm,
http://www.immigrationlinks.com/news/news212.htm.

Your daughter may have difficulty in obtaining an F-1 visa from the U.S. consular
post in U.K., because the consular officer would have to be persuaded that she will
return to the U.K., and that she does not intend to become a permanent resident of
the U.S. It may be quite difficult to convince the consular officer of this point!!
See http://travel.state.gov/visadenials.html.

Your daughter can get permanent resident status through her relationship to your
wife, but that will take more time. As soon as she enters the U.S. as a permanent
resident, she can attend public school freely, just like a U.S. citizen.

Your wife can file Form I-130 on your daughter's behalf, because she is considered
his "child" under INS law, as the relationship of step daughter was created before
her 18th birthday (I assume). The I-130 may take 6 months to a year, and the rest of
the processing may take 6 months.

If your daughter is in the U.S. in valid temporary status, and at least 60 days have
passed since her entry, there is another way of applying for permanent resident
status, in which your wife and she simultaneously file Forms I-130/I-485 at the INS
district office for your residence.

Usually I think that people can handle their own family-based immigration, but in a
case like this, I think it would be a good idea for you to consult with a good
immigration attorney.
 

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