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US citizen wants to bring stepchild to America

#1 Black Velvet

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Posted 06 October 2011 - 09:05 PM

Here is the situation. US citizen is in the process of filing for AOS (wife is in the US). He also wants to file for his stepdaughter who lives abroad. Can he file for wife and stepdaughter simulatenously? Should he wait until after his wife receives green card and file later? Please advise.
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#2 JimVaPhuong

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Posted 06 October 2011 - 11:25 PM

Here is the situation. US citizen is in the process of filing for AOS (wife is in the US). He also wants to file for his stepdaughter who lives abroad. Can he file for wife and stepdaughter simulatenously? Should he wait until after his wife receives green card and file later? Please advise.


An alien must be in the US in order to file for adjustment of status. Until they arrive in the US they have no status to adjust. The only thing that can be filed while the alien is abroad is an immigrant visa petition.
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#3 Black Velvet

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Posted 07 October 2011 - 09:02 AM

An alien must be in the US in order to file for adjustment of status. Until they arrive in the US they have no status to adjust. The only thing that can be filed while the alien is abroad is an immigrant visa petition.


Jim,
Obviously, you did not read my post in its entirety. The US citizen (husband) and alien spouse (wife) are both in the US. The couple is in the process of adjusting the wife's status. Can the US husband file for his stepchild who lives abroad? OR Should he do AOS for wife first?
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#4 LIFE'SJOURNEY

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Posted 07 October 2011 - 09:20 AM

Jim,
Obviously, you did not read my post in its entirety. The US citizen (husband) and alien spouse (wife) are both in the US. The couple is in the process of adjusting the wife's status. Can the US husband file for his stepchild who lives abroad? OR Should he do AOS for wife first?



BV, you have not given enough information inorder for anyone to give you specific answer, so I will have you these 3 leading questions,

What visa type did your friend wife enter the US on, or is the wife AOS's from an extended stay in the US. Your answers to these leading questions will give those who wish to assist you an avenue to which path is available to your friend.

But, they can always read the guides help above and I am sure they will find the answer to their specif situation there.

Edited by LIFE'SJOURNEY, 07 October 2011 - 09:21 AM.

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#5 JimVaPhuong

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Posted 07 October 2011 - 09:41 AM

Jim,
Obviously, you did not read my post in its entirety. The US citizen (husband) and alien spouse (wife) are both in the US. The couple is in the process of adjusting the wife's status. Can the US husband file for his stepchild who lives abroad? OR Should he do AOS for wife first?


Yes, I was talking specifically about the step-daughter. Sorry, I shouldn't have said "alien". :blush:

You said he's in the process of filing AOS for his wife. You also said that he wants to file for his step-daughter who lives abroad. You asked if he could file for both simultaneously. I responded that the alien daughter must be in the United States in order to adjust status. He can't file to adjust the step-daughter's status while she's still abroad. The only thing he could file for his step-daughter while she's abroad is an immigrant visa petition.

If mom came to the US with a K1 visa, and daughter comes to the US with a K2, then they can file AOS for both simultaneously. Or, they can go ahead and file mom's AOS now, and file daughter's AOS after she arrives. The only thing they can't do is file for the daughter's AOS before they file for mom's because the daughter's status is derivative of her mom's status. The daughter must be under 21 and must receive the K2 within 1 year of mom's K1 being issued.

If mom came to the US with a CR1, or is adjusting status after entering with a non-immigrant visa, then step-dad would need to file an immigrant visa petition for the step-daughter. In that case, she won't need to adjust status because she'll get a green card automatically after arriving in the US. It doesn't matter whether the petition is filed before or after mom adjusts status. The petitionable relationship began to exist when the marriage took place. The daughter must have been under 18 when mom married the US citizen. If she was over 18 then only mom can petition for her, and only after she adjusts status.
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#6 Black Velvet

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Posted 07 October 2011 - 09:56 AM

BV, you have not given enough information inorder for anyone to give you specific answer, so I will have you these 3 leading questions,

What visa type did your friend wife enter the US on, or is the wife AOS's from an extended stay in the US. Your answers to these leading questions will give those who wish to assist you an avenue to which path is available to your friend.

But, they can always read the guides help above and I am sure they will find the answer to their specif situation there.


My friend is in the US. She is adjusting status from a B2.
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#7 Jojo92122

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Posted 07 October 2011 - 10:23 AM

My friend is in the US. She is adjusting status from a B2.


How old is the stepdaughter? How old was the stepdaughter when mom married her US citizen stepfather? Is the stepdaughter married?
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#8 Black Velvet

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Posted 07 October 2011 - 05:31 PM

How old is the stepdaughter? How old was the stepdaughter when mom married her US citizen stepfather? Is the stepdaughter married?


The stepdaughter is 12. They got married earlier this year The mother is 32.
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#9 Jojo92122

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Posted 07 October 2011 - 09:04 PM

The stepdaughter is 12. They got married earlier this year The mother is 32.


The fastest way to bring the stepdaughter permanently to the US is for the US citizen stepfather to petition for her. He files an I-130. After approval of the I-130, stepfather will need to file an I-864 and the stepdaughter will file the application for an immigration visa, DS-230. When the stepchild arrives in the US on the immigration visa, the child will automatically get a green card. No need to do an adjustment of status like mom. This will take about 6-12 months.

http://www.uscis.gov...000082ca60aRCRD

Edited by Jojo92122, 07 October 2011 - 09:04 PM.

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#10 Black Velvet

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Posted 09 October 2011 - 04:41 PM

The fastest way to bring the stepdaughter permanently to the US is for the US citizen stepfather to petition for her. He files an I-130. After approval of the I-130, stepfather will need to file an I-864 and the stepdaughter will file the application for an immigration visa, DS-230. When the stepchild arrives in the US on the immigration visa, the child will automatically get a green card. No need to do an adjustment of status like mom. This will take about 6-12 months.

http://www.uscis.gov...000082ca60aRCRD


Thanks for the information.
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