rincewind

I've been in the USA for three years and I currently have my Green Card with the conditions still remaining (removing them next year).

My Green Card is a result of being married to my wife who is a US citizen.

My question concerns my eleven year old daughter. If her mother consents, am I able to sponsor her to come and live with me in the USA. If so, how long can this process take.

I am fully employed here in the USA so financial support would not be an issue.

Thanks in advance.

Ray

Yes you can.
As a GC holder its going to take a few years
As a citizen it will be no waiting ..but in reality maybe up to a year ..

http://uscis.gov/graphics/howdoi/child.htm

rincewind

Thanks Ray.

Interesting, I saw this on the same page:

"If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available."

Would my wife be classed as an immediate relative or spouse?

snowbunny

Yes, your spouse counts as an immediate relative. The above is for people who immigrated via diversity lottery, job, etc. -- rather than by being sponsored by a spouse or other immediate relative.

However, I *thought* (and I could be very wrong here!) that if someone filed for a K-1 visa that there WAS a way to bring *dependent* children along.

Ray

Wow!! an actual K-1er ..I though you was a visa waiver marriage ..
I 'm not up on the K-2 thing ..but somebody will no doubt be along shortly who knows more..

I do think the K-2 have to enter within one year of the k-1 though

rincewind

I'm an ex B2-er, LOL.

snowbunny

But your current status is based on your marriage to a USC correct?

My (again very dim) understanding is that as a B-2 holder you could have brought your daughter over as your dependent without wait.

I think the purpose behind the "immediate relative" exception is a case where a family member (say a US-born child) sponsors a parent. That parent cannot then petition to have all his/her immediate relatives join them; rather, the original petitioner would have to petition for his/her own immediate relatives ONLY and file an individual petition for each. Therefore, if a USC sponsors his mother, and she gets her visa, she cannot turn round and bring the USC's step-siblings immediately.

snowbunny

Now Ray do remember that even if one marries on the VWP one isn't using the 10-foot-pole route unless they turn round and AOS with the foreign spouse still in the US. If the spouse leaves the country, they will still have to go through the same process as if the couple had married anywhere else in the world.

Ray

I was aware of that... but wee know that your dutchman had no intention of coming here to get married ..
So why bother with the DCF ..just get married next week and stay ..and AOS .. save on all those airfares .. most people do......

snowbunny

heh heh. Not to hijack Rince's thread, but he came here to see if he could stand living with my extended family, whether my kids would scare him off or he would scare them off, etc etc etc.

I just want to go to sleep. Seriously. Combination of issues with my brother, Christmas, getting married, immigration, and kids.... I am not sleeping. Whatever will get me the most sleep -- that's what I want!

Rete

K-2 can only be used if the child is coming within one year of the K-1 parent. Not after a year.

Rete

Since he is no longer on a B-2 but a verified resident of the US he cannot bring his daughter over as a dependent. Three years have passed since his marriage to a USC and although less then two since his adjustment to resident.