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dv2013 winner moved to US without kids. how do i get them in legaly

S

suaveplus

New Member
Hi I'm a 2013 winner & I had initially applied for me my wife & our 2 daughters, only my wife & I went to the interview & when they asked us about the girls we told them that we were going to bring them to the US after we had already settled in. We were approved we got our visas & we have been in the US for almost a year now & we are now ready to bring the girls. WHAT DO WE DO?
 
thank you so much & I hope I dont sound simple o_O but how do I go about doing that? & do you know the usual time frame?
 
suaveplus said:
thank you so much & I hope I dont sound simple o_O but how do I go about doing that? & do you know the usual time frame?
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You sponsor your daughters by filing form I-130, Petition for Alien Relative. Presuming your daughters are below age 21, they classify in category F2A Spouses and Children of Permanent Residents. Visa Bulletin for April 2015 provided a F2A cut-off date of August 1, 2013. (Note: visa numbers are available for applicants whose priority date is earlier than the cut-off date). Your priority date will be the date USCIS will receive your completed I-130. It will take approx. 6 month for USCIS to review and formally approve your petition, yet your priority date will be the USCIS receipt date. This is the good news, the bad news is that you/your daughters will need to wait until they will become current before the visa process may subsequently proceed, which naturally will require additional time.
 
so would it be a problem to file this form while they are in the US, because we're thinking to bring them during the summer.
 
suaveplus said:
so would it be a problem to file this form while they are in the US, because we're thinking to bring them during the summer.
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No, it is not a problem to file the I-130 petition while your daughters are here in the US, provided they enter the US legally and remain in status until they become current and permanent US residents (either through immigrant visa entry or adjustment of status process). If, at any time between now and then, your daughters would fall out of status while remaining on US soil, there is a high likelihood that your petition will be denied, after your daughters eventually become current.
 
OK so they will be entering in the US on tourist visas, so your saying basically that if they overstay there time its possible they would be denied?
 
suaveplus said:
OK so they will be entering in the US on tourist visas, so your saying basically that if they overstay there time its possible they would be denied?
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Not quite, I said in this case there were "a high likelihood" for a denial, not "a possibility". Sorry.
Also, depending on individual circumstances, you may find it difficult to receive US visitor visa for your daughters, the duration of which, in any case, would be noticeably shorter than the petition process described above. I am very sorry if I am the bringer of bad news, which clearly is not my intention.
 
No don't worry I'm fine I just want to make sure we don't mess up their chances of getting green cards. Thank you for your help
 
Also, this is no longer a DV issue, and you'd probably get much more useful advice in the appropriate forum - not to impugn the above answers but a forum full of people experienced in this process is probably much more useful.
 
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