Completing K-2 Request for my 19 year old step-daughter

[Aris & Kismet 14]

Hi,  I am still waiting for the approval of my husband's 10 year GC.  We submitted his I-751 in October, 21, 2017.  I need to submit the K-2 visa request for my 19 year old un-married step-daughter to come to the U.S.  Should I wait for my husband's 10 year GC to get approved before submitting her application?  

[EM_Vandaveer 2,368]

When was his visa issued? K2 visas have to be issued within a year of the K1 being issued. Sounds like that's not an option anymore.

If you got married before your stepdaughter turned 18 then you can submit an I-130 for her.

[payxibka 10,044]

5 minutes ago, Aris & Kismet said:

Hi,  I am still waiting for the approval of my husband's 10 year GC.  We submitted his I-751 in October, 21, 2017.  I need to submit the K-2 visa request for my 19 year old un-married step-daughter to come to the U.S.  Should I wait for my husband's 10 year GC to get approved before submitting her application?  

K2 follow to join is only  good up to one year after the issuance of the k1

 

There is no connection to your husband green card and the daughter's immigration path.  Why have you waited so long

Edited January 2, 2019 by payxibka

[EM_Vandaveer 2,368]

I-130 is the way forward. You file it as the USC stepmother of the intending immigrant. 

[aaron2020 11,651]

It's too late for a K-2 since your husband got his K-1 in 2015.

 

You will need to file an I-130 for your stepdaughter.  

Edited January 2, 2019 by aaron2020

[geowrian 22,335]

As noted, the K-2 path is closed since you waited over a year since the K-1 was issued.

 

If she was age 17 or less when you married, then you (the stepparent) can file an I-130 for her. ETA: ~12-16 months.

If she was 18 or older when you married, then the only option is for your spouse to file for their daughter. ETA: ~2-2.5 years, with the potential of aging out and having to wait ~7-10 years.

 

It sounds like the first one fits your circumstances given ROC was filed over a year ago.

https://www.visajourney.com/content/childpet

[Crazy Cat 39,206]

Marriage was in May of 2015....there is hope....

[Aris & Kismet 14]

46 minutes ago, geowrian said:

As noted, the K-2 path is closed since you waited over a year since the K-1 was issued.

 

If she was age 17 or less when you married, then you (the stepparent) can file an I-130 for her. ETA: ~12-16 months.

If she was 18 or older when you married, then the only option is for your spouse to file for their daughter. ETA: ~2-2.5 years, with the potential of aging out and having to wait ~7-10 years.

 

It sounds like the first one fits your circumstances given ROC was filed over a year ago.

https://www.visajourney.com/content/childpet

Yes, its the first scenario and I  meant the i-130 and not a K2.   Should I wait for my husband's 10 yr GC to be approved?

[payxibka 10,044]

9 minutes ago, Aris & Kismet said:

Yes, its the first scenario and I  meant the i-130 and not a K2.   Should I wait for my husband's 10 yr GC to be approved?

No reason to wait

[Aris & Kismet 14]

16 minutes ago, payxibka said:

No reason to wait

Great.   Thank you!!!!