Step-Daughter immigrating first?

[armando34343 0]

I had a previous topic that was closed but a few questions arised. Here's my story:

Me: US Citizen

Wife: Ukrainian Citizen, status: we married in USA but she had to accept voluntary departure for previous overstay (she overstayed while we met and got married). She's currently in her home country now. I think she is barred for at least 5 years because of ther overstay (it was > 1 year). Not 100% on the length of being barred from re-entry because we have no paperwork stating that.

StepDaughter: Her daughter was a rider on her voluntary departure. She is a minor so she doesn't get barred from overstay.

We hired a lawyer, and did paperwork for the stepdaughter (wife's daughter, ukrainian citizen born in ukraine) to come back to the USA to resume school (she was born in ukraine but lived in usa since age of 4 months. Went to US schools, speaks only english, but she's not us citizen)

So far we are still waiting for the stepdaughters immigration interview in her home country (it's been about 6 months so we're expecting it very soon). I have heard this might be 50/50 but we're giving it a shot anyway.

Right now I haven't yet filed for my wife's I-130, I will in a few weeks.

My question is: can the step-daughter immigrate here first without her biological mother, on the basis that I'm the step-father? Even without me filing for the mother yet? The lawyer says that these will be treated as 2 seperate cases (and are charging me as such). What do you guys think? I think it's not correct, but this is what my lawyer is having me do! Please give me some advice, because I need to know what the future will hold.

The reason I waited so long to file for wife is that the lawyer wants 6K for the wife's paperwork. We chose to do her daughter first since she was not barred due to overstay. The wife's will have to be a hardship waiver which could take a long time. We want the daughter here in USA first, to go to school, etc.

Edited December 30, 2012 by armando34343

[canadian_wife 1,831]

How old is the step daughter and how long was your wife overstay? There is a difference between 9 months and 1 month overstay

good luck

[aaydrian 479]

You also need to answer if you adopted your step daughter.

[NigeriaorBust 4,087]

I can explain the reason if anyone's wondering. My marriage started bona-fide real marrage but 2 years into marriage we fought. After another year of bad marriage, she got her deportation notice (we did file I130, I485 at that time but it was denied due to her previous overstay from her original VISA (I met her in the USA I did not bring her here myself)). She took voluntary departure after a 1 year battle in court. Her daughter is a "rider" on her court case so she goes too even though she is a minor and not subject to accrued overstay on original VISA. Presently at this time, we are legally married but it's now evolved into a not-so-real marriage anymore. I have a girlfriend, she has a boyfriend in ukraine. I want to get her daughter back here in the USA because she is very unhappy in Ukraine (she's pretty much an american since she was raised in USA). The mother agrees and she wants her here too, even though we're divorcing later. My question is, can I just divorce now? How would USCIS even be able to find out if I divorce, since that goes through the county and not the federal government. It is not like that info (getting a divorce) is broadcast everywhere, just in our county.

You forgot to repeat these facts from your earlier closed thread. What you want to do it still fraud. You have no rights to the child and you don't have legimate relationship with the mother.

Edited December 30, 2012 by NigeriaorBust

[Hypnos 6,579]

Sounds like visa fraud.

[together4evr 360]

How old is the step child? Very strange to want to live with a child but not the childs mother. Do you have any previous criminal charges?

[Darnell 8,479]

what's the basis for the stepchild receiving the visa ?

[armando34343 0]

I can explain the reason if anyone's wondering. My marriage started bona-fide real marrage but 2 years into marriage we fought. After another year of bad marriage, she got her deportation notice (we did file I130, I485 at that time but it was denied due to her previous overstay from her original VISA (I met her in the USA I did not bring her here myself)). She took voluntary departure after a 1 year battle in court. Her daughter is a "rider" on her court case so she goes too even though she is a minor and not subject to accrued overstay on original VISA. Presently at this time, we are legally married but it's now evolved into a not-so-real marriage anymore. I have a girlfriend, she has a boyfriend in ukraine. I want to get her daughter back here in the USA because she is very unhappy in Ukraine (she's pretty much an american since she was raised in USA). The mother agrees and she wants her here too, even though we're divorcing later. My question is, can I just divorce now? How would USCIS even be able to find out if I divorce, since that goes through the county and not the federal government. It is not like that info (getting a divorce) is broadcast everywhere, just in our county.

You forgot to repeat these facts from your earlier closed thread. What you want to do it still fraud. You have no rights to the child and you don't have legimate relationship with the mother.

What? I can't hear you from your highhorse.

How old is the step child? Very strange to want to live with a child but not the childs mother. Do you have any previous criminal charges?

You're strange for thinking that. My mom's helping me take care of her until the mother comes back you werido.

what's the basis for the stepchild receiving the visa ?

I-130

You also need to answer if you adopted your step daughter.

No not adopted. The laywer said do not adopt, we will proceed to do the I-130 via step-parent relationship.

I just want to know if this could work? I don't really believe the lawyer but they said they saw similar cases....

Sounds like visa fraud.

Tell that to my lawyer. He would be disbarred for that so I'm sure he knows what he's doing.

[NigeriaorBust 4,087]

Per your own admission you have a marriage in name only, both parties have new partners. You don't have a valid relationship with the mother therefore non with the daughter. When they check out the relationship they will uncover the 4some arrangement and the child will be banned for life thanks to you.

[Penguin_ie 6,000]

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