question about how to petition the daughter of a spouse us citizen

[Mother in pained 0]

Hi i just wanted to know if my husband can petition my daughter (she's not my husband's daughter, she is 8 years of age) she was left in the philippines when me and our daughter (my husband daughter) migrated here in US last june 18, 2016 because we did'nt know that she can be petition together with us, what are the steps on how to petition her?, and if she will be approved is it ok that i am the one accompany her to travel here in the US? or we need both me and my husband must accompany her to enter here in the US? thank you... please help i want my daughter to be petition soon she's to young to be left

[milimelo 4,191]

Have your USC husband file I-130 for his step daughter.

[Mother in pained 0]

Hi milimelo! not yet beacuse we want to be sure first what to do... after we gather all of the information we needed we will start the petition process... that's why im seeking for help and information to all of you so there will be no delay in filing the petition.. thank you.. i want to know if he can file the IR2 category even if the child is not his daughter?

[Merrytooth 5,748]

Yes, USC can file for the step child if the marriage creating the step-relationship occurred before the child turned 18.

[Mother in pained 0]

Is this the same process as IR2? because in filling up the forms i know its complicated because any mistakes can delay the processing.. i was told in us embassy in manila that if i have to petition my daughter it should be my husband because he is already a citizen and also in filling up the support form (i cant remeber that form) it should be my details not my husbands details because i am the mother is it right? this is the steps we have to be sure so it won't delay the process.. my husband only know how to petition his daughter we don't any idea on how to petition a stepdaughter... thank you so much for the help and info...

[Merrytooth 5,748]

If you are a U.S. citizen and the Father or Step Parent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

- Form I-130, Petition for Alien Relative

- A copy of your birth certificate or U.S. passport

If you were not born in the U.S., a copy of either:

your Certificate of Naturalization or Citizenship or

your U.S. passport

- A copy of the child's birth certificate showing the child's name and the names of both parents

- A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)

- A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

- Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

- If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

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Since it is your USC husband filing the I-130, he will be the one submitting the I-864 Affidavit of Support during the Consular Processing.

Read the I-130 Instructions carefully, especially 8.Stepparent/Stepchild part.

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

http://www.visajourney.com/forums/topic/473728-i-130-for-stepsonstepdaughter/

http://www.visajourney.com/forums/topic/392510-i-130-for-stepchild/

http://www.visajourney.com/forums/topic/480145-documentsevidences-for-i-130-minor-stepchild/

[Mother in pained 0]

@Merrytooth thank you for the info!.. God Bless

[JFH 12,189]

*~*~*moved from "CR-1 spouse visa process and procedures" to "bringing family members" as question relates to immigration of the daughter, not the spouse*~*~*