petition for stepchild

[JanuaryA 0]

I recently get married to my US citizen husband. He will be filing for my green card, but I have a 6 years old daughter from another relationship but was not married. Can he file for my daughter at the same time he is filing for me? If not what's the process for my child who is now his stepchild?

[waitin4mylove 44]

5 minutes ago, JanuaryA said:

I recently get married to my US citizen husband. He will be filing for my green card, but I have a 6 years old daughter from another relationship but was not married. Can he file for my daughter at the same time he is filing for me? If not what's the process for my child who is now his stepchild?

Yes he can. 

[DrEllaNJ 288]

are you in the US now? If so, file i-130 and i-485. Both forms ask if the child is applying with you. Tbh, I don't know whether you need a separate petition for your child but hopefully others can chime in.

 

If you're overseas, he can file for a CR1 visa for you and a CR2 visa for your child.

 

In both cases, you may need documentation to prove that the other parent is OK with taking your child to the US.

 

See guides for additional info: http://www.visajourney.com/content/guides/

[NikLR 13,234]

~~moved to process and procedures from progress reports~~

 

the process will be almost identical to yours but the evidence required is different.  Read the instructions for the I-130 to know exactly what to submit. 

[Hypnos 6,579]

Yes. He files an additional I-130 (one for you and one for your daughter). 

[JanuaryA 0]

57 minutes ago, DrEllaNJ said:

are you in the US now? If so, file i-130 and i-485. Both forms ask if the child is applying with you. Tbh, I don't know whether you need a separate petition for your child but hopefully others can chime in.

 

If you're overseas, he can file for a CR1 visa for you and a CR2 visa for your child.

 

In both cases, you may need documentation to prove that the other parent is OK with taking your child to the US.

 

See guides for additional info: http://www.visajourney.com/content/guides/

I am in the US, my daughter is overseas? Is it best to have her come to us before we file are will she be able to still travel on her regular tourst visa while the filing is processing ?

[JanuaryA 0]

1 hour ago, DrEllaNJ said:

are you in the US now? If so, file i-130 and i-485. Both forms ask if the child is applying with you. Tbh, I don't know whether you need a separate petition for your child but hopefully others can chime in.

 

If you're overseas, he can file for a CR1 visa for you and a CR2 visa for your child.

 

In both cases, you may need documentation to prove that the other parent is OK with taking your child to the US.

 

See guides for additional info: http://www.visajourney.com/content/guides/

What if I don't  know where to locate her biological father is? He was never a active part of her life!

Edited November 17, 2017 by JanuaryA

[SusieQQQ 11,588]

4 minutes ago, JanuaryA said:

What if I don't  know where to locate her biological father is? He was never a active part of her life!

May I ask who the 6-year old is currently resident with overseas?

 

You’ll  need to get some kind of  court order showing you have sole custody then.

[Eric-Pris 1,609]

24 minutes ago, JanuaryA said:

I am in the US, my daughter is overseas? Is it best to have her come to us before we file are will she be able to still travel on her regular tourst visa while the filing is processing ?

She shouldn't come to the US on a tourist visa with the intent to immigrate and stay permanently.  That would be visa fraud.  Sounds like that's what you did, correct? 

 

Edited November 17, 2017 by Eric-Pris

[JanuaryA 0]

9 minutes ago, Eric-Pris said:

She shouldn't come to the US on a tourist visa with the intent to immigrate and stay permanently.  That would be visa fraud.  Sounds like that's what you did, correct? 

 

 

9 minutes ago, Eric-Pris said:

She shouldn't come to the US on a tourist visa with the intent to immigrate and stay permanently.  That would be visa fraud.  Sounds like that's what you did, correct? 

 

That's not what I did.. I am here on my honeymoon will be returning home in a few days.

[Eric-Pris 1,609]

55 minutes ago, JanuaryA said:

I am in the US, my daughter is overseas? Is it best to have her come to us before we file are will she be able to still travel on her regular tourst visa while the filing is processing ?

When you wrote this, it sounded like you are planning to stay and want your daughter to join you.

[DrEllaNJ 288]

17 minutes ago, Eric-Pris said:

When you wrote this, it sounded like you are planning to stay and want your daughter to join you.

sorry, that's probably because of the way I asked the question. @JanuaryA, my question on whether you were currently in the US was meant to ask whether you were currently in the US and filing for adjustment of status from the US, which only works when you stay here until you get your Green card. But it sounds like you are returning to your home country in a few days, so you and your husband can file for your and your child's i-130/ CR1/CR2-visa together.

 

Is the bio father on the birth certificate? If not, it probably is easier. But you probably need some kind of proof that you have sole custody.

Edited November 17, 2017 by DrEllaNJ

[Eric-Pris 1,609]

@JanuaryA Like already has been mentioned, make sure that you get some kind of custody paperwork from the local courts. My step daughter also had a baby but didn't  marry, so they didn't have any custody papers. She had issues getting the visa and then major issues getting her daughter a US passport because they asked for custody court papers, but they were kids themselves when they had the kid, so custody docs don't exist.  Eventually, the Passport Agency relented after we went to our senator, and issued the passport.  But it took almost 16 months.

 

Edited November 17, 2017 by Eric-Pris

[Ontarkie 15,014]

What Country are you from? Some countries the laws on single mothers are different and they do not need anything from the father as the Mother has sole custody. 

[pushbrk 13,837]

7 hours ago, Ontarkie said:

What Country are you from? Some countries the laws on single mothers are different and they do not need anything from the father as the Mother has sole custody. 

To my knowledge, this only applies to the Philippines.  Are you aware of more countries where a man who is not married to the mother of her child when the child is born, loses all parental rights?  It's just a question.