bring stepdaughter to us

[anthill 5]

Hello,

I read the "Bringing a Child, Son or Daughter to Live in the United States" section but am still unclear about something. I am a US citizen. My fiancee has a daughter who will turn 18 next year. I have a feeling that by the time we get married her daughter will have already turned 18 so she won't be considered my stepdaughter. The daughter will be staying in the Philippines for two more years to finish school. When she is ready to come to the US can I petition to bring her here and is the I-130 form the only form needed to do this? Thanks.

[Tsup2 0]

You may want to consider getting married instead of filing for the K1. The directions for the I-130 gives examples of who may not use the I-130 and one of them is " A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday."

If I were you I would not want to put myself in a situation where my stepchild didn't have the option of joining her Mother in the US.

Tread carefully with immigration issues. Ignorance of the law can have unintended lifelong consequences.

http://www.uscis.gov/files/form/I-130instr.pdf

[pushbrk 12,232]

Tread carefully with immigration issues. Ignorance of the law can have unintended lifelong consequences.

http://www.uscis.gov/files/form/I-130instr.pdf

You bet it can. Marriage and a CR1 is the cure for this problem. Then you can file for a CR2 visa for the daughter when she's ready to immigrate, as long as she'll be under 21 and unmarried when she does. Take the K1 route and she'll either need to follow her mother within a year or wait for several years to come as the daughter of an LPR.

[aaron2020 11,651]

Hello,

I read the "Bringing a Child, Son or Daughter to Live in the United States" section but am still unclear about something. I am a US citizen. My fiancee has a daughter who will turn 18 next year. I have a feeling that by the time we get married her daughter will have already turned 18 so she won't be considered my stepdaughter. The daughter will be staying in the Philippines for two more years to finish school. When she is ready to come to the US can I petition to bring her here and is the I-130 form the only form needed to do this? Thanks.

If you marry her mother after her 18th birthday, it will take at least 5 years for your stepdaughter to qualify for an immigration visa. After her 18th birthday, only her mother (who would be an LPR) can petition for her. It would be in the F2a family preference category if she is under 21 years of age (5 years wait) and the F2b category if she is over 21 (11 years wait).

If you marry her mother before her 18th birthday, you can petition for her as your stepdaughter. If she is under age 21 at the time you file for her, she would qualify as an immediate relative and be eligible for a visa within a year. If she is over 21 when you file, she would be in the F1 family preference category and have to wait 16 years for a visa.

My advice if you want your stepdaughter to immigrate to the US quickly is to marry her mother before her 18th birthday and for you to petition for her before her 21st birthday. You would need to file form I-130. After that is approved, you would need to file an I-864 Affidavit of Support and she would need to submit form DS-230 Immigration Visa Application. She would also need to submit her birth certificate, your marriage certificate and other supporting documents.

Edited August 9, 2009 by aaron2020

[anthill 5]

Tread carefully with immigration issues. Ignorance of the law can have unintended lifelong consequences.

http://www.uscis.gov/files/form/I-130instr.pdf

You bet it can. Marriage and a CR1 is the cure for this problem. Then you can file for a CR2 visa for the daughter when she's ready to immigrate, as long as she'll be under 21 and unmarried when she does. Take the K1 route and she'll either need to follow her mother within a year or wait for several years to come as the daughter of an LPR.

Thanks for the advice.

[meblue 5]

Hello,

I read the "Bringing a Child, Son or Daughter to Live in the United States" section but am still unclear about something. I am a US citizen. My fiancee has a daughter who will turn 18 next year. I have a feeling that by the time we get married her daughter will have already turned 18 so she won't be considered my stepdaughter. The daughter will be staying in the Philippines for two more years to finish school. When she is ready to come to the US can I petition to bring her here and is the I-130 form the only form needed to do this? Thanks.

If you marry her mother after her 18th birthday, it will take at least 5 years for your stepdaughter to qualify for an immigration visa. After her 18th birthday, only her mother (who would be an LPR) can petition for her. It would be in the F2a family preference category if she is under 21 years of age (5 years wait) and the F2b category if she is over 21 (11 years wait).

If you marry her mother before her 18th birthday, you can petition for her as your stepdaughter. If she is under age 21 at the time you file for her, she would qualify as an immediate relative and be eligible for a visa within a year. If she is over 21 when you file, she would be in the F1 family preference category and have to wait 16 years for a visa.

My advice if you want your stepdaughter to immigrate to the US quickly is to marry her mother before her 18th birthday and for you to petition for her before her 21st birthday. You would need to file form I-130. After that is approved, you would need to file an I-864 Affidavit of Support and she would need to submit form DS-230 Immigration Visa Application. She would also need to submit her birth certificate, your marriage certificate and other supporting documents.

I'm an LPR and I got a minor daughter. I want to petition my minor daughter so she can join me here in the US. I'm eligible to apply US citizenship in 2 years. Which is faster petitioning her with my LPR status or petitioning her as US citizen? How long it would take?

meblue

[Vegabond 0]

Am i to understand that my soon to be wife's (K1) son who is 19 wont be able to come to US for 5 years?

[aaron2020 11,651]

Am i to understand that my soon to be wife's (K1) son who is 19 wont be able to come to US for 5 years?

Look into the K2 visa. Your fiancee's son may qualify and immigrate with his mother.

My fiancee has children. Can they immigrate with him/her? Unmarried children under the age of 21 can immigrate with their parent using the K2 visa. K2 visas are usually issued in conjunction with a K1 visa and can be requested as part of the initial K1 visa application to the USCIS. It is also usually possible for children of your fiancee to obtain a K2 visa and "follow to join" your fiancee for up to 1 year after your fiancee's K1 visa was issued. Once here, the children can apply to become legal permanent residents provided their parent marries you within the required 90 days.

[Vegabond 0]

Thats what i was hoping for.. she is coming on the 12th.. then wedding and the AOS.. can i apply fro K2 with her AOS papers?

[aaron2020 11,651]

INCONSISTENCY IN THE IMMIGRATION LAWS

A USC who marries a foreign person cannot petition for a step-child if the marriage occurs after the child's 18th birthday.

A USC who petitions for a financee CAN petition for the fiancee's child who is under 21. LOOK UP K-2 VISA.

So a USC who is married to a foreign person with a child who is between 18 and 21, and the marriage occurs after the child's 18th birthday cannot petition for the child. A USC who petitions for a foreign finacee with a child who is between 18 and 21 can petition for the child even if the marriage occurs after the child's 18th birthday.

[payxibka 10,044]

Thats what i was hoping for.. she is coming on the 12th.. then wedding and the AOS.. can i apply fro K2 with her AOS papers?

No... K-2 is filed directly with the consulate....

[aaron2020 11,651]

Thats what i was hoping for.. she is coming on the 12th.. then wedding and the AOS.. can i apply fro K2 with her AOS papers?

I would say no because once you are married, the boy would be your step-son. You would be a USC married to a non-USC and therefore cannot petition for your stepson because the marriage occurred after his 18th birthday.

If would be prudent to apply for a K2 before the wedding.

I don't know the answers. Go see a lawyer. The risk of not getting the K2 is too risky not to consult with a good immigration lawyer.

Best of luck to you.

[cHiQy 1]

Under the Immigration and Nationality Act (INA), the stepchild will be considered a "child" for immigration purposes only if the marriage occurs before the child turns 18.

[payxibka 10,044]

The Kiev consulate will help you with the K-2... contact them !!!!! No lawyer required to do this

[Vegabond 0]

The Kid is in school till Summer. So if i Apply for K2 before he wedding that i can stall he should be able to finish his year in Kiev.. and Come in the early Summer as long as it is within a year. Correct?