Stepdaughter

[My_Wife_and_I 1]

My wife and I married 20 days after her daughter turned 18. We didn't know at the time that that would prevent my including her on the I130 as an immediate relative. I'm very disturbed and sickened that I missed this important element in what I thought had been a pretty thorough study of the process beforehand. From what I have been able to find so far, the next opportunity to petition for my stepdaughter would not occur until my wife is eligible for citizenship - at least 3 years after she receives her visa/green card. But by then, my stepdaughter would then be 21 and ineligible.

My questions are:

1) Am I right on the above points?

2) With only 20 days between the stepdaughter's 18th birthday and our date of marriage, is there any possibility of a waiver?

3) We had planned on her attending college here. Would a student visa be possible or would that just be denied as having an immigration intent?

Thanks in advance-

David

[Ryan H 3,879]

rom what I have been able to find so far, the next opportunity to petition for my stepdaughter would not occur until my wife is eligible for citizenship - at least 3 years after she receives her visa/green card. But by then, my stepdaughter would then be 21 and ineligible.

Incorrect. Your wife can petition for your step-daughter as an LPR regardless of age as long as daughter stays unmarried.

If and when your wife becomes a citizen, she can petition for daughter regardless of age and marital status.

Edited June 12, 2011 by Ryan H

[Mare-n-Tram 1]

thats really lame. You should look at all the possibilities you can. I would say try to have your wife petition for her or whatever and maybe call the DOS Visa Specialist, they are the only ones i would say give you credible information.

[Ryan H 3,879]

2) With only 20 days between the stepdaughter's 18th birthday and our date of marriage, is there any possibility of a waiver?

I doubt it.

3) We had planned on her attending college here. Would a student visa be possible or would that just be denied as having an immigration intent?

She can apply for a student visa provided there is a sponsoring educational institution. No guarantee a visa will be issued, she will need to show ties to China.

If your wife were to petition your step-daughter as soon as she became an LPR, it would be in the F-2A category. If daughter turns 21 before visa is available, she drops to the F-2B category. If your wife becomes a citizen while daughter is waiting, then daughter's category would move up to F1.

Edited June 12, 2011 by Ryan H

[YuAndDan 153]

I doubt it.

She can apply for a student visa provided there is a sponsoring educational institution. No guarantee a visa will be issued, she will need to show ties to China.

If your wife were to petition your step-daughter as soon as she became an LPR, it would be in the F-2A category. If daughter turns 21 before visa is available, she drops to the F-2B category. If your wife becomes a citizen while daughter is waiting, then daughter's category would move up to F1.

Note for China "moving up to F1" can be detrimental, F-1 seems to be taking longer than F2B class, per the visa bulletin.

[pushbrk 13,570]

My wife and I married 20 days after her daughter turned 18. We didn't know at the time that that would prevent my including her on the I130 as an immediate relative. I'm very disturbed and sickened that I missed this important element in what I thought had been a pretty thorough study of the process beforehand. From what I have been able to find so far, the next opportunity to petition for my stepdaughter would not occur until my wife is eligible for citizenship - at least 3 years after she receives her visa/green card. But by then, my stepdaughter would then be 21 and ineligible.

My questions are:

1) Am I right on the above points?

2) With only 20 days between the stepdaughter's 18th birthday and our date of marriage, is there any possibility of a waiver?

3) We had planned on her attending college here. Would a student visa be possible or would that just be denied as having an immigration intent?

Thanks in advance-

David

You will still include the daughter as a daughter in section C17 of the I-130, just as you would include yourself as your alien relative's husband. However, this has nothing to do with the child's eligibility for a visa.

No, she is not eligible for a CR2 visa as your stepchild

No, there is no possibility of a waiver

For a student visa, you take your chances. She'll need to show strong ties to China. That will be difficult with her mother in the USA.

Hindsight is that you needed to marry earlier or take the fiancee visa route.

Options for petitioning by the mother have been covered well.

Edited June 13, 2011 by pushbrk

[Darnell 8,479]

I say -

have your wife file the I-130 now, and try to peg the protection of the child's status under the Child Status Protection Act (CSPA).

Basically, once protection is pegged, it doesn't matter if the child turns 21, they are still handled as a child, it's the original classification as when the I-130 is filed.

But look into Child Status Protection Act (CSPA), soonish, yes?