Daughter living abroad

I

igui

Registered Users (C)
Hello, I have a question about my daughter's green card application. I'll appreciate any help.

My green card has been approved.
I have applied for my wife's green card two months ago. Still waiting for interview. We know my wife can't travel outside the country until she has been approved.
Our daughter is in Spain. We would like to apply for her green card.

These are my questions:

1- Can she enter USA with the waiver program (she is spanish) and then apply for her?

2- If this is not possible...
She has an O3 visa still valid on her passport, although I'm not working any longer for that company. Maybe the officer will stamp her passport with this O3 visa, and then we'll apply for her green card when she is in USA.

3- Do we have to apply for her in the usa embassy in Spain?

What do you recommend us to do so we can apply as soon as possible for her green card?

Thanks very much,

ignacio
 
igui said:
1- Can she enter USA with the waiver program (she is spanish) and then apply for her?
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You mean the visa waiver program? Not a good idea, as that would be preconceived immigrant intent. But if she is 21 or older it definitely won't be allowed. Only the parents, spouses, and under-21 children of citizens can enter the US as a visitor and stay to get a green card, unless they are able to switch to a long-term nonimmigrant status like H1B or L1.

She has an O3 visa still valid on her passport, although I'm not working any longer for that company. Maybe the officer will stamp her passport with this O3 visa, and then we'll apply for her green card when she is in USA.
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Trying to to use the visa like that would be fraud, which will likely be discovered during her GC process if not at the port of entry.
3- Do we have to apply for her in the usa embassy in Spain?
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That's the best route. File I-130 and indicate the closest consulate in Spain. Upon I-130 approval she will follow up with the consulate for an interview. But if she is 21 or older, it will be some 8+ years before she is eligible for a green card via your sponsorship.
 
Wait a minute ... I just realized you are not a US citizen. That changes things a lot. How did you get your green card? Employment? A family member filed for you? Another way? Depending on how your green card was obtained, and whether you got married before your green card was approved, your wife and daughter may be able to get derivative green cards within a few months. But your daughter will surely have to wait outside the US and pursue the green card via a consulate in Spain (or another country, if the consulate there will accept her).
 
Hello, thanks very much for your answers.

- My green card was obtained through a self petition (EB!), not company sponsoring. Before applying for the green card I had several O1 visas with different companies.

- We got married before my green card was approved

- Our daughter is 15 years old

So I understand that we have to do this through a USA consulate in Spain. Right?

Shall we wait to see if my wife's green card is approved before applying for our daughter or we can start the process in any moment?

Thanks very much again,

Ignacio
 
Given the age of your daughter, please consult with an attorney in order to insure that all of your filings are 100% correct before submitting them. The relatively small cost of having an attorney review verses the time your child is away from you is, IMO, very worth it.

Note that you can pay him to just review the completed documents and not to complete them in his office.
 
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