Bribieboy

Hi

My Australian daughter wants to come and visit me in the USA (almost
citizen). I beleive the VISA requirements state that after 90 days she
needs to leave the USA. Does travelling to Mexico for a day constitute
leaving the country? If so, would she then be able to stay another 90
days?

When I become a citizen, I plan to apply (I-130) for her to come to the
US. I was hoping she could get here early while the paperwork was
following it's course.

Hope someone can come up with some good news.

Thanks

Steve

ian-mstm

Well... Mexico is definitely a different country.


Certainly... as long as she can get a new visa issued by Mexico. Of course, she won't have any status in Mexico at the time, so it might not work out well for her.


Having her come to the US to live while you wait for citizenship isn't a good idea. After her visa expires, she'll be out of status and, unlike a spouse, having a USC parent doesn't forgive her overstay. This is not the best way to start her immigration journey.

Ian

Noorah101

Hi Steve,

When you say "almost citizen", how close are you? Just waiting for the oath ceremony?

I'm thinking that the wait until you become a citizen, plus the wait for the I-130 to be processed, would be longer than a couple of 90-day stays on your daughter's part. Besides, wouldn't she have to return to Australia for the visa interview anyway?

Best Wishes,
Rene

Folinskyinla

Hi:

Don't forget that Australia has DCF as of now -- that could speed up the process if the kid is under 21.

I notice no mention of "step-child" of spouse. May or may not be available -- not enough facts.

Just Jenney

Actually, you are not talking about a tourist visa but the Visa Waiver Program (VWP), which allows citizens of participating countries to visit each others' countries for up to 90 days without a tourist visa.

The general rule of thumb is 90 days in, 90 days out. Crossing over into Canada, Mexico or some other country (Bermuda, for example) for a couple of days and then trying to re-enter the US puts one at risk for non-admission. Also, if she leaves the US before the 90 days are up and is then successfully readmitted a couple of days later, it's possible that she may only be allowed to remain in the US until the original 90 days are up. In other words, leaving temporarily does not always reset the 90-day clock.

Has she considered obtaining a B2 tourist visa? That might allow her to visit you a bit longer than 90 days without having to leave. Just be aware that "visiting" is not the same as "living" -- if she intends to live here, then she needs the appropriate immigration visa for that.

~ Jenney

scrubbedexpat099

Just asking for trouble going for a B2.

Just Jenney

Perhaps -- but it's still a potential option, and I wasn't sure if the OP was aware of it.

~ Jenney

Bribieboy

'morning

Thanks for all the replies and suggestions. I think it may be safer if
my daughter stays in Aust. until all the paperwork has been done. Then
when she gets here, she can stay.

I forgot about the DCF way of things. That's how I originally got
here. Once I get my citizenship number (hopefully May 6) I can start
the process for her.