Newbie, I-824 or I-130?

W

Wild CAT

New Member
Hi I am newbie here and very lost in this legal world,
First of all let me tell you that I try to find the information on the FAQ’s but I didn’t see anything, so If it’s there and somehow I didn’t saw it please just direct me to check again.

I am married since 8 years a go with a US Citizen and for the last 6 I have been legal resident in the US, before this, 17 years a go I had a daughter with a lady that I never married, however we live together for several years, Right now my daughter is 17 years old and she want to come to visit me, so she ask to tourist visa that was denied. The consul told her that was denied under the basis that she has the right to become legal resident.
So I was ready to fill the petition I-130, but checking the information on the USCIS I found this link
http://www.uscis.gov/graphics/howdoi/childproc.htm#following
About the Following-to-Joint which is very confusing, because don’t mention if my daughter qualify based on my marriage with a US Citizen (Wife).
My daughter was listed on the petition, but we never accomplish the petition for her.

I think my question is simple, but I can’t found simple answers.
Does my girl qualify for the Following-To-Join Benefits?
Or I need to submit a new I-130 for her?

Any help that you can provide will be highly appreciated.
Blessings.
Thank you very much.
 
Wild CAT said:
Hi I am newbie here and very lost in this legal world,
First of all let me tell you that I try to find the information on the FAQ’s but I didn’t see anything, so If it’s there and somehow I didn’t saw it please just direct me to check again.

I am married since 8 years a go with a US Citizen and for the last 6 I have been legal resident in the US, before this, 17 years a go I had a daughter with a lady that I never married, however we live together for several years, Right now my daughter is 17 years old and she want to come to visit me, so she ask to tourist visa that was denied. The consul told her that was denied under the basis that she has the right to become legal resident.
So I was ready to fill the petition I-130, but checking the information on the USCIS I found this link
http://www.uscis.gov/graphics/howdoi/childproc.htm#following
About the Following-to-Joint which is very confusing, because don’t mention if my daughter qualify based on my marriage with a US Citizen (Wife).
My daughter was listed on the petition, but we never accomplish the petition for her.

I think my question is simple, but I can’t found simple answers.
Does my girl qualify for the Following-To-Join Benefits?
Or I need to submit a new I-130 for her?

Any help that you can provide will be highly appreciated.
Blessings.
Thank you very much.
Click to expand...

If you read the text link you posted, you will find that the first sentence says:

"Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen."

Assuming you gained your permanent residence through your USC wife, you are classified as an immediate relative of a USC. Hence, the follow-to-join benefit does not apply to you.

On the other hand, you are probably eligible to file for citizenship if you haven't done that yet. Once you become a citizen, you can petition your daughter to immigrate to the US. That'll take somewhere around a year, maybe less.

HTH.
 
I believe that children of LPR are eligible for the green card... all you have to do is apply and wait... in nebraska service center the waiting time was 4 years... i was there a while back and this is what they told me.so if you have your green card you can apply right now.... ami right? can anyone confirm?? thanks in advance!
 
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