Step daughter

[mr. yo 0]

Happy New Year’s fellow VJ’s

I’m in process of getting divorced from my wife of 1 ½ years of marriage. She has an 8 years old daughter from a previous marriage and they both came to the USA on a tourist visa 5 years ago and since the marriage did NOT worked out due to conflict of personalities we are getting an divorce. Now my question is…..can I still file for my step daughter even if we are divorced in month or how can I still file my step daughter after divorcing her mother.

thank you in advance for the info....

-Mr. YO

[pgupta 19]

Happy New Year’s fellow VJ’s

I’m in process of getting divorced from my wife of 1 ½ years of marriage. She has an 8 years old daughter from a previous marriage and they both came to the USA on a tourist visa 5 years ago and since the marriage did NOT worked out due to conflict of personalities we are getting an divorce. Now my question is…..can I still file for my step daughter even if we are divorced in month or how can I still file my step daughter after divorcing her mother.

thank you in advance for the info....

-Mr. YO

your relationship with your step daughter is through your wife, if you are divorcing then you don't have any relationship to file I-130.

[Penguin_ie 5,994]

your relationship with your step daughter is through your wife, if you are divorcing then you don't have any relationship to file I-130.

Just to confirm, you haven't filed for your wife's Adjustment of Status, despite 1.5 years of marriage? And you have not legally adopted the daughter? If the wife (and thus daughter) has a conditional 2 year greencard, they will be fine to remove conditions on their own. If they have no greencard, you cannot file for the daughter.

[pgupta 19]

Just to confirm, you haven't filed for your wife's Adjustment of Status, despite 1.5 years of marriage? And you have not legally adopted the daughter? If the wife (and thus daughter) has a conditional 2 year greencard, they will be fine to remove conditions on their own. If they have no greencard, you cannot file for the daughter.

Other question is what is the visa status of your wife and step daughter now, you mentioned they came on visitor visa, did you adjust their status or they over stayed visitor visa?

[mr. yo 0]

Other question is what is the visa status of your wife and step daughter now, you mentioned they came on visitor visa, did you adjust their status or they over stayed visitor visa?

i never file to adjust their status and yes, they over stayed their visa way before i met her.

[pgupta 19]

i never file to adjust their status and yes, they over stayed their visa way before i met her.

then i don't think you can file for your step daughter now, but try to talk to a immigration lawyer.

[NigeriaorBust 4,087]

Your relationship to the child is legally severed by divorce unless you adopted her. There is no petitionable relationship

[mr. yo 0]

Your relationship to the child is legally severed by divorce unless you adopted her. There is no petitionable relationship

VJ's...thank you for all the info.....

[Darnell 8,478]

ya, the child's immigration status is a derivative of the mother's.

So, if the mother has no immigration status, the child also has none.

Divorce the mother? that door is closed on the child, as the main beneficiary doesn't have any immigration status, so a derivative status is unattainable.