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success4ve

 Filling a  I-130 petition for my stepdaughter?

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I am a U.S. Citizen and I am filling I-130 petition for my spouse (married Nov. 2018) who came to U.S. with her daughter 4 years ago in 2014. My stepdaughter is now 19 years old and based upon the fact that she came to U.S. when she was 14 years old,  my question is: Should I file a  I-130 petition for my stepdaughter? What else should I do to keep my family together? I need help! PLEASE Thanks!

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hi

 

you can't. to be able to file for her as your stepdaughter, the marriage had to take place before she turned 18. since you got married when she was 19, you can't file for her. her mom will be able to file for her when she is a green card holder, but the interview will be in her country of origin

 

if he turns 21, then the petition will take over 7 years, and she will have to file a waiver and her mom to do  a hardship letter

 

 

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What is there current status?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 hours ago, success4ve said:

I am a U.S. Citizen and I am filling I-130 petition for my spouse (married Nov. 2018) who came to U.S. with her daughter 4 years ago in 2014.

How did your spouse enter the US? Your spouse might be eligible to file I-485 together with your I-130. Your stepdaughter does not qualify for an I-130 petition from you: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4805.html When your stepdaughter leaves the US the 10 year bar will start: https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars

Edited by HU87

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