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Can I Beging The Process for a Child Immigrating Later?

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Well finally my wife was able to come to an out of court agreement with her ex regarding custody for her 6 year old daughter.

Originally we were asking to get full custody in that she lives with us in the USA, but is able to go back to Canada during Summers and Christmas.

Being that, I had planned on filing for both my wife and her daughter on 1 application. Now, the reverse plan will happen. Her daughter will stay in Canada year round, but visit us in the US for summer and Christmas. The difference is this will be for 5 years, and in 5 years (when she's 11), it will reverse, and we'll get her for the school year.

So...my question then is...

Can I still file her immigration papers now as an addon to my wife's application? I was hoping to do it all at once. I know the answer is probably no, but I thought I should find out. If she's approved now, with the intension of immigrating at a later date, that could help move things along. I really dont want to have to go through this again in 5 years.

Anyone been in this situation?


----------Our Cruise Love Story-------------


2014-04-20/4-26: Took a Caribbean Cruise w/ a Friend


2014-04-22: Met Sarah (a Canadian) on Carnival Cruise in the Caribbean


2014-04-22/4-26: Spent rest of cruise w/ Sarah/Fell in Love


2014-04-30/5-04: Flew Sarah from Toronto to San Diego for a weekend


2014-05-03: I ask Sarah to be my girlfriend.


2014-05-16/5-19: Sarah & I both flew to Costa Rica for a weekend getaway.


2014-07-08/08-25: I visit Sarah in Toronto for the summer.


2014-08-25/09-11: We both fly to San Diego to have her meet my family.


2014-09-09: I propose on a hotair ballon ride. She accepts.


2014-09-11/2015-01-28: I stay in Canada with her on a tourist visa looking for jobs there so we can be together.


2015-01-28: I get hired for a job back in San Diego and return home.


2015-04-09: I return to Toronto to visit.


2015-04-20: We give birth to our son.


2015-05-03: We get married in Canada. (same date we officially became a couple 1 year prior)


2015-05-04: I return back to San Diego for work.


2015-05-06: I begin reading Fiance and Marriage Visas by Nolo (8th Edition)


2015-05-07: I find VisaJourney. Beginning the immigration process to have her, her daughter, and my son come live in the US permanently.


…the rest has yet to unfold…


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Hi,

You are working under a few misconceptions.

As a U.S. citizen, you never could have file for your wife and stepdaughter on one I-130 petition. You would need to file separately for them. They would have separate cases. There is no such thing as an add-on when a U.S. citizen petitions a spouse.

You can not file 5 years early for an immigration benefit.

You can file about a year before her planned move. That leaves enough time for processing your I-130 petition and her subsequent visa application.

Best of luck.

Edited by aaron2020

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Ok thanks for the info. I figured I wouldnt be able to apply since the gap is so long.


----------Our Cruise Love Story-------------


2014-04-20/4-26: Took a Caribbean Cruise w/ a Friend


2014-04-22: Met Sarah (a Canadian) on Carnival Cruise in the Caribbean


2014-04-22/4-26: Spent rest of cruise w/ Sarah/Fell in Love


2014-04-30/5-04: Flew Sarah from Toronto to San Diego for a weekend


2014-05-03: I ask Sarah to be my girlfriend.


2014-05-16/5-19: Sarah & I both flew to Costa Rica for a weekend getaway.


2014-07-08/08-25: I visit Sarah in Toronto for the summer.


2014-08-25/09-11: We both fly to San Diego to have her meet my family.


2014-09-09: I propose on a hotair ballon ride. She accepts.


2014-09-11/2015-01-28: I stay in Canada with her on a tourist visa looking for jobs there so we can be together.


2015-01-28: I get hired for a job back in San Diego and return home.


2015-04-09: I return to Toronto to visit.


2015-04-20: We give birth to our son.


2015-05-03: We get married in Canada. (same date we officially became a couple 1 year prior)


2015-05-04: I return back to San Diego for work.


2015-05-06: I begin reading Fiance and Marriage Visas by Nolo (8th Edition)


2015-05-07: I find VisaJourney. Beginning the immigration process to have her, her daughter, and my son come live in the US permanently.


…the rest has yet to unfold…


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~~moved to bringing family members of USC from bringing family members of LPR~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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