How to Expedite the I-130 OR I-824 for Minor Step-daughter of U.S Citizen


Momindeed

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I'm a U.S citizen (for past 20 yrs through naturalization) and my wife a GC holder (past 3 yrs and residing in the U.S with me) and she obtained her GC through me as her citizen spouse. My wife has a 17 yr old daughter (who was 13 yrs old at the time of our marriage) from her previous marriage but her daughter did not immigrate with her mom (ie; my wife) at the time that her mom migrated to the U.S and lived with her father who has her sole-custody) but now the child wants to come live with her mother here in the U.S and her biological father has also agreed to transfer custody to the mom.

We are wanting to know what would be the fastest possible way to get the child to the U.S?

Would filing a separate I-130 petition be faster or filing Form I-824; 'Application for Action on an Approved Application' be faster? And if there's another visa like K-4 Visa or any way to EXPEDITE any of these petitions to get our 17 yr old here with us sooner. There are complications due to which the child cannot be left alone outside the country for too long my wife cannot leave the U.S either as her GC is expired and awaiting I-751; Petition to remove Conditions filed May 2017 and still pending with the USCIS.   

Any help and advice would be a great help right now. Thanks in advance.

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Your wife CAN travel with a pending i751. Her expired green card and the i797 Extension letter serves as proof of her valid conditional resident status that allows her entry into the US. CBP and Airlines are familiar with the expired GC+Extn Letter combination.

In the meantime, the minor child can be petitioned beginning with the i130 filing. 

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On 4/27/2018 at 11:56 AM, Provence said:

Your wife CAN travel with a pending i751. Her expired green card and the i797 Extension letter serves as proof of her valid conditional resident status that allows her entry into the US. CBP and Airlines are familiar with the expired GC+Extn Letter combination.

In the meantime, the minor child can be petitioned beginning with the i130 filing. 

Thank you for your response but we would like to know if applying for an I-824 "follow-to-join" application on my wife's behalf would be a shorter processing time or just doing the I-130 would be better/shorter. 

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