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Difficult situation regarding my daughter

S

siliconeslinger

Member
On October 1st, 2013. I registered on the E-DV website for me, my wife, my son (15) and my daughter (20). Then on May 1st, 2014 i was informed that i had been selected for further processing for the fiscal year 2015, by that time she was already 21 years old, which would've mean that she had lost her beneficiary status, but then i read something called CSPA, i did the math and it should give my daughter some time until March 2015 before getting aged out.

But....Because my CN is AS13,6XX. it is not possible to get an interview in March or early, most probably August or September, which means she'll already have aged out by then

Now, I can sponsor her under the F2b Visa, But then the waiting time is 6-7 Years, I don't want to be separated from my daughter that long, SHe is not fully independent yet, She'll have no place to live (my sister's house is her best bet)

what should i do in this situation ?

During the waiting time, Can she come to the US and still be legal? ? i suppose once i get my green card, the co will flat-out reject her tourist visa under the suspicion that she has an immigrant intent and will overstay her visa to join me ?

what choices do i have ?

I am thinking to make her a tourist visa BEFORE my INTERVIEW DATE so that she won't get rejected, But will this affect the CO's decision on my DV application?

Thanks in advance
 
siliconeslinger said:
On October 1st, 2013. I registered on the E-DV website for me, my wife, my son (15) and my daughter (20). Then on May 1st, 2014 i was informed that i had been selected for further processing for the fiscal year 2015, by that time she was already 21 years old, which would've mean that she had lost her beneficiary status, but then i read something called CSPA, i did the math and it should give my daughter some time until March 2015 before getting aged out.

But....Because my CN is AS13,6XX. it is not possible to get an interview in March or early, most probably August or September, which means she'll already have aged out by then

Now, I can sponsor her under the F2b Visa, But then the waiting time is 6-7 Years, I don't want to be separated from my daughter that long, SHe is not fully independent yet, She'll have no place to live (my sister's house is her best bet)

what should i do in this situation ?

During the waiting time, Can she come to the US and still be legal? ? i suppose once i get my green card, the co will flat-out reject her tourist visa under the suspicion that she has an immigrant intent and will overstay her visa to join me ?

what choices do i have ?

I am thinking to make her a tourist visa BEFORE my INTERVIEW DATE so that she won't get rejected, But will this affect the CO's decision on my DV application?

Thanks in advance
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Really???? Who are you and what's your true story? Did you not state a couple of days ago that your mom is the DV selectee and you're her beneficiary?

siliconeslinger said:
My cn is AS13,6xx, my mom is the principal applicant, my dad i and my sister are the beneficiaries, i sent my DS-260 in may, my dad's and sis' in July, my mom's in august

is it enough time for KCC to process the form?
Click to expand...
 
siliconeslinger said:
That was my son using my account, we both share the same account, there's no rule saying we can't is there?
Click to expand...

No, there's no rule saying you both can't post from the same account. However, when you come online and say one thing about your case and the next post says something else, it makes people doubt your story. It's confusing, and people truly desirous of helping other hate having to try and figure out who is who, what is real and what is not!
 
Sm1smom said:
No, there's no rule saying you both can't post from the same account. However, when you come online and say one thing about your case and the next post says something else, it makes people doubt your story. It's confusing, and people truly desirous of helping other hate having to try and figure out who is who, what is real and what is not!
Click to expand...

Well, can you help me out by answering my question, then?
 
What exactly are you intending that she do with this tourist visa? Basically use it to live with you after you get a green card, or to genuinely visit for short periods of time? From what you've said it sounds like the former, which is not a valid use of a tourist visa and when caught out may affect her future chance chances of getting a green card if she is under any sort of ban for a visa violation.

No-one here is going to advise you on how to try evade US immigration rules. If I have misunderstood your post and you genuinely just want a normal tourist visa for her, and she will be a bona fide tourist, there is no reason she shouldnt be granted that after you get a green card. But your characterization of her as not fully independent - despite her age - and that she has nowhere to stay makes it sound like you are trying to get her to live with you in the USA.
 
siliconeslinger said:
On October 1st, 2013. I registered on the E-DV website for me, my wife, my son (15) and my daughter (20). Then on May 1st, 2014 i was informed that i had been selected for further processing for the fiscal year 2015, by that time she was already 21 years old, which would've mean that she had lost her beneficiary status, but then i read something called CSPA, i did the math and it should give my daughter some time until March 2015 before getting aged out.

But....Because my CN is AS13,6XX. it is not possible to get an interview in March or early, most probably August or September, which means she'll already have aged out by then

Now, I can sponsor her under the F2b Visa, But then the waiting time is 6-7 Years, I don't want to be separated from my daughter that long, SHe is not fully independent yet, She'll have no place to live (my sister's house is her best bet)

what should i do in this situation ?

During the waiting time, Can she come to the US and still be legal? ? i suppose once i get my green card, the co will flat-out reject her tourist visa under the suspicion that she has an immigrant intent and will overstay her visa to join me ?

what choices do i have ?

I am thinking to make her a tourist visa BEFORE my INTERVIEW DATE so that she won't get rejected, But will this affect the CO's decision on my DV application?

Thanks in advance
Click to expand...

Depending on her/your specific circumstances, one option you might want to look into is to have her attend college/university in the US under a F-1 Visa. Once she has been accepted and you can show financial family backing she will receive the F-1 rather easily (she still has to show a link to her home country, yet this can be effectively done through grandparents and/or other family members). The F-1 will cover her for 4 - 6 years, including OPT, hence if you sponsor her right after having LPR status you will already nearly be there. Makes sense? Best of luck!
 
EURO2014 said:
Depending on her/your specific circumstances, one option you might want to look into is to have her attend college/university in the US under a F-1 Visa. Once she has been accepted and you can show financial family backing she will receive the F-1 rather easily (she still has to show a link to her home country, yet this can be effectively done through grandparents and/or other family members). The F-1 will cover her for 4 - 6 years, including OPT, hence if you sponsor her right after having LPR status you will already nearly be there. Makes sense? Best of luck!
Click to expand...
PS: as part of a coordinated IV/NIV strategy, just make sure, in this case, to initiate your F-2B process after she entered the US with her F-1 Visa, in order to avoid potential issues. If she were to begin her studies in Fall 2015, for example, she would be able to enter the US as early as middle of July.
 
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