bringing step- daughter to usa

[teddy k 35]

Hi everybody good day to all, just wondering how to get her here what process do i need to go thru, my wife has a 15 yr old daughter who i would like to bring here after my wife gets here so what are the steps i know i have to file a i-130 to get started but do i have to give her my surname too thanks for sharing your thoughts

[Hank_ 9,172]

You didn't list her on the I-130 petition?

[teddy k 35]

I can't remember if I did, but i remember the one question asking if she would be following within 6 months i put no maybe i should download a copy of the i-130 to jug my memory

[teddy k 35]

Hank i just looked over my copy of the i-130 that i sent to uscis yes i listed her as my step-daughter

[apple21 953]

A separate i130 must be filed for the child. There are no derivative beneficiaries for the IR category.

She is your STEP-daughter, she cannot use your surname unless you legally adopt her. She must use her name as shown on her NSO BC.

[teddy k 35]

Thanks everyone, now along with the i-130 petition what else do i need to send in with it- i know about her NSO B/C but what else?

[apple21 953]

Thanks everyone, now along with the i-130 petition what else do i need to send in with it- i know about her NSO B/C but what else?

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

[Hank_ 9,172]

A separate i130 must be filed for the child. There are no derivative beneficiaries for the IR category.

She is your STEP-daughter, she cannot use your surname unless you legally adopt her. She must use her name as shown on her NSO BC.

Are you sure about that?

That is not how I read this section:

WHO MAY FILE FORM I-130?: Section 2, NOTE 3 and 4.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

[RWD 2]

From what I've read, the US citizen parent should do the petition as long as you were married before the child turned 18. According to the USCIS the child will be treated as the US citizen step-parent's own child as long as the marriage happened before the child turned 18:

"For immigration purposes, a child can be any of the following:"

"A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18"

If the parent that is a permanent resident does the petition instead, they have to wait a period before their priority date comes up which would delay the process and you would have to wait for a long time.

[teddy k 35]

How long does it usually take to get approved?

[2014petition 2]

Currently, USCIS is approving IR-2 petitions for beneficiaries in the Philippines very quickly:

http://www.visajourney.com/timeline/k1list.php?cfl=0&op1=a&op2=d&op3=17&op4=1&op5=5,6,8,10,11,13,14,15,16,17,18,20,21,22,25,26,27,28,108,110,111,208,210,211&op6=All&op66=All&op7=Philippines&dfile=No&adv=

The slowest part of the process right now is the NVC processing, which could take a few months, depending on their volume and how quickly you supply the necessary documents.

[apple21 953]

Are you sure about that?

That is not how I read this section:

WHO MAY FILE FORM I-130?: Section 2, NOTE 3 and 4.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

He as the step-father can file because he married the mother before the child's 18th birthday. The child will chase for the IR2 visa.

[Hank_ 9,172]

He as the step-father can file because he married the mother before the child's 18th birthday. The child will chase for the IR2 visa.

I understand the child would be a CR-2, what I am saying is the instructions for the I-130 state certain exceptions that DO NOT need a separate petition. Did you read the NOTES item 3 & 4?

**

3. If you are the lawful permanent resident of the United States Citizen petitioner and your relative qualifies under paragraph 2(B) or 2© above, separate petitions are NOT required for his or her unmarried children under the age of 21 years of age.

4. The person described in the number 2 and 3 above NOTE will be able to apply for an immigrant visa along with your relative.

The instructions state a separate petition is NOT required and the child can apply for an immigrant visa along with his wife.

[apple21 953]

That only works for the F1, F2A, F2B, F3, F4 family based categories where derivative beneficiaries are allowed.

For the IR/CR categories its different. Each child should have a separate i130 filed for them. They cannot benefit from the i130 filed for their parent.

[Hank_ 9,172]

OK. I am not that well versed in the I-130 process, do appreciate.

Thanks.