How can I get my child to the States ASAP?

[Wosa]

I am a green card holder, eligible for citizenship in 2 years. My ex-wife (who is a South African living in Australia) is giving me custody of my 15 year old child.

I see there is a waiting list of some years for my child to be eligible for a green card but the child needs to attend school (grade 10/11). Staying with her mother in Australia is not an option.

How can I get my child to the States as soon as possible?

[In_durham]

I would suggest that you bring your kid here as an international student. AFTER she arrives you can file for green card for her. There is a possibility that she can be denied F1 visa because she can't prove that she does not have immigration intent. As mitigating circumstances you could add a letter from spouse she is not willing to be primary carer and is giving you custody of the child.

Good luck and please post your outcome here for benefit of all.

[Wosa]

I have thought of the F-1 route however the F visa is only valid for one year and not renewable. The I-130 wait for the child of a GC holder is around 4 years. This could be inviting problems as my daughter may have to leave the country after a year.

[TheRealCanadian]

Originally Posted by Wosa

How can I get my child to the States as soon as possible?

If you are the biological father and she is under 21 then FTJ would be an idea. Might take a few months, but that's the best possibility.

[Wosa]

Could I file the FTJ while the child is in the States on either a B or F visa? I do need to get her away from her present situation ASAP.

I take it the FTJ requires is filling an I-824 through, in my case, CSS. But then what is filed if she is with me in the States?

[Wosa]

I filed the FTJ at Nebraska SS as this is where my green card was processed. Receipt date was June and this week the application was approved. This means there is no wait for the immigration visa for the green card. She should have the paperwork completed in a few months and be safe here in the States.

[TheEnquirer]

i know i can google it but anyways for the greater good :
what is FTJ

i assume it cant be used for spouses/ father /mother.

[Aibolit]

FTJ = Following To Join. It can only be used for spouse and children, but not for parents.

[Wosa]

Here is an update on this thread with a happy ending and horrifying revelations.

I filed a FTJ application and in time got the receipt with the information all correct. My child was the applicant to follow and join me in the States. I tried to expedite the process through USCIS and Senator McCain’s office but was turned down despite the fact I could prove the child was in danger. Senator McCain could not care less and, in the interim, my child was raped. The mother had thrown her out of the house and she was raped while living with a teenage friend in Perth Australia. Senator McCain has yet to bat an eyelid. I got the child a visitor’s visa and got her out of her here post haste and damn the consequences.

I finally got the approval of the FTJ BUT – the approval document stated I was to follow to join myself in the States!

I called USCIS and pointed out the error. I was told by the officer to do what the paperwork said. I pointed out that it is impossible for oneself to follow and join oneself but he failed to see the logic. Maybe he should have tried to do something unspeakable to himself and he would have understood? I tried calling back, got another officer who told me to write to an address she gave me. Weeks passed and no answer. I called again and the next officer told me that this was the wrong address and to write to another address.

Frustrated, and with time running out on the visitor’s visa and the child not able to attend school, I engaged a lawyer. He filed for a permanent residence for the child and I don’t know what strings he pulled but he was magnificent. Four months later, my little girl was the proud holder of a brand new green card and I was several grand poorer.

My daughter has been here in the Sates for two years now and attends the local public school. She gets A’s and B’s in most of her subjects and has even had a boyfriend or two I approve of. This is no small feat considering what has happened to her. I can only thank God that things turned out alright in the end. No thanks at all go to USCIS or the Senator and his people.