Question about step daughter

[Hairball 11]

I wanted to ask about getting a visa for a step-daughter....

First of all, she turned 20 in April before we were married. We were not sure if we wanted to Live in the US, but changed our minds....I am a USC and we just filed I 130 for a Cr-1....

What options do I have for the daughter? do I file a I 130 for Cr-2?

How do I go about this...

Thanks

[Boiler 43,434]

Her mother would file for her not you once she has her GC.

She needs to stay unmarried, well at least until her mother becomes a USC.

Edited August 5, 2015 by Boiler

[NigeriaorBust 4,087]

You would have had to marry before the child was 18 to be able to file for her yourself. Too late for that. The mother has to have her green card to file it there is almost no hope for the mother to be able to file before the child turns 21 so she will be in the adult child category that means she must be unmarried and the wait is about 7 years. If the mother becomes a USC then there is a category for married child.

[aaron2020 11,651]

I wanted to ask about getting a visa for a step-daughter....

First of all, she turned 20 in April before we were married. We were not sure if we wanted to Live in the US, but changed our minds....I am a USC and we just filed I 130 for a Cr-1....

What options do I have for the daughter? do I file a I 130 for Cr-2?

How do I go about this...

Thanks

Hi,

I hate to be the bearer of bad news.

You can not file for her. If you had married mom before she turned 18, she would have been considered your child for immigration purposes. Since she was 20, she is not considered your child and you can never file an immigration petition for her.

Since you just filed the I-130, it will take about 6-12 months for mom to get a visa. By the time she gets here, her daughter will be 21 years old. She can file for her daughter and it will take 7 years for an immigration visa.

Not rubbing salt into an open wound. Just providing information to others who might benefit from it. There is a quirk when a USC petitions for a fiancée; the fiancee's unmarried children under age 21 can immigrate too.

A married USC can not bring stepchildren over age 18 when the marriage occurs.

An unmarried USC can bring his fiancé/her fiancée along with children under age 21.

This quirk is why some people will opt for the K-1 over the CR-1, to bring those kids between age 18 to 21.

Best of luck OP