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roadrunnertony

Visa application for my wife's daughter (merged)

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As a follow up, my wife and I married in Thailand 2 years ago and she came to USA one year ago on a DCF CR1 visa. We have now decided to petition to bring her 3 year old daughter.

I'm not clear when I read the instructions on the I-130??? Is my wife's daughter consider my child on a filing with me as the petitioner on the 130? Or does my wife apply on the 130 as a permanent resident?

i.e. Do I apply for her daughter as a relative? Or does my wife apply and use me for the support affidavit?

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Brought my wife a year ago on a CR1 visa from Thailand, but we weren't ready to bring her daughter at that time.

We have now decided to bring her daughter [3 yrs old]. I'm aware that this will probably take a year and we have factored that in to when we want to acclimate her and start school here.

Anyway, since I was living in Thailand I did a DCF and got the visa for her right in Bangkok. Now living in TX, I will submit in the States, but when reading the instructions for the I-130, I'm not clear on how I petition for her daughter.

Does my wife's daughter qualify as my "relative"? I know in most peoples eyes it would, but we are dealing with the government. haha

So do I apply as the petitioner on the 130 and submit the same forms I used for supporting affidavit and so forth, or does my wife apply as a permanent resident? But I would still have to provide the support affidavit bec she can't.

Is there a link to a thread dedicated to this topic? I briefly searched and found one for relative and one for permanent resident, but I don't know where my wife's daughter falls,,,,which category? Thanks in advance for your help.

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Filed: Citizen (apr) Country: Hungary
Timeline

You should petition for your step-daughter. By marrying her mother before your step-daughter's 18th birthday, you created a step-child-step-parent relationship for immigration purposes. For immigration purposes this is no different than child-parent relationship.

File an I-130 for your step-daughter to begin the process.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Timeline

As a follow up, my wife and I married in Thailand 2 years ago and she came to USA one year ago on a DCF CR1 visa. We have now decided to petition to bring her 3 year old daughter.

I'm not clear when I read the instructions on the I-130??? Is my wife's daughter consider my child on a filing with me as the petitioner on the 130? Or does my wife apply on the 130 as a permanent resident?

i.e. Do I apply for her daughter as a relative? Or does my wife apply and use me for the support affidavit?

Since you married mom before the child's 18th birthday, you can file as a stepparent. For immigration purposes, you are considered the parent. It would be an Immediate Relative case and take about 1 year.

If the LPR mother files, it would be about 2 years for an immigration visa.

To be clear, you qualify to petition as a stepparent because you married mom before the child's 18th birthday. For immigration purposes, you are the parent. The child will enter the US on an immigration visa and be an LPR. (Do not mix up being a parent for immigration purposes and derivative US citizenship. A child can not derive US citizenship from a stepparent. She is considered your child for immigration purposes, not for citizenship purposes.)

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Filed: Citizen (apr) Country: Hungary
Timeline

~ Moved from "Bringing Family Members of Permanent Residents to America" to "Bringing Family Members of US Citizens to America" ~


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Citizen (apr) Country: Canada
Timeline

~~Post split off from another members thread and merged to a similar thread already started. Please start your own thread for questions as it can cause confusion to the original thread.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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