What visa do I need for my step daughter?

[JGraham 0]

My wife got her green card in the mail this week. She got it via the IR1 visa in the Philippines. Now we are going to want to start the process of bringing my step daughter.  Since her mom is a green card holder, does she need to be the one to apply for her daughter? Or can I, the US citizen, apply for my step daughter (I have known her since she was less than a year old, she is now turning 6)

Also what is the visa category we can expect my step daughter to get? Will she be able to get a green card also?

 

Any advice is greatly helpful as we cannot afford a lawyer. I did the entire IR1 visa process myself with no issues so I am confident I can do this one also.

[arken 4,197]

Once your wife applies for and becomes the USC in future years, she can petition her mother for immigrant visa provided that category remains active at the time.

 

If only for visiting US, your MIL can apply for a visitor visa.

 

For the step daughter, you can file the petition.

Edited May 8, 2020 by arken

[Just Paul 4,595]

41 minutes ago, JGraham said:

Since her mom is a green card holder, does she need to be the one to apply for her daughter? Or can I, the US citizen, apply for my step daughter (I have known her since she was less than a year old, she is now turning 6)

You can petition the step daughter.   Your wife can also petition but runs the risk of F2A going into retrogression.

[JGraham 0]

4 minutes ago, Paul & Mary said:

You can petition the step daughter.   Your wife can also petition but runs the risk of F2A going into retrogression.

Which would be quicker? Me as a US citizen petitioning for my stepdaughter, or my wife is a green card holder petitioning for her daughter.

[JGraham 0]

40 minutes ago, arken said:

Once your wife applies for and becomes the USC in future years, she can petition her mother for immigrant visa provided that category remains active at the time.

 

If only for visiting US, your MIL can apply for a visitor visa.

 

For the step daughter, you can file the petition.

I am not sure you understood the question correctly. I didn't mention anything about my mother in law or anything? As for waiting for my wife to become a USC, not an option as we need our daughter here ASAP, and my wifes green card just arrived this week...So we don't want to wait 3 years for the USC to become an option.

[Lil bear 4,251]

2 minutes ago, JGraham said:

Which would be quicker? Me as a US citizen petitioning for my stepdaughter, or my wife is a green card holder petitioning for her daughter.

You   File I 130 then apply for IR2 

Edited May 8, 2020 by Lil bear

[JGraham 0]

Just now, Lil bear said:

You 

Okay. So can you inform me what would her visa type be after I petition the i130? Like what visa category will my step-daughter get after this is all said and done? I can't seem to find any critera she fits in under them.

[Lil bear 4,251]

Just now, JGraham said:

Okay. So can you inform me what would her visa type be after I petition the i130? Like what visa category will my step-daughter get after this is all said and done? I can't seem to find any critera she fits in under them.

In my edit. IR/Cr2. 

[Just Paul 4,595]

Just now, JGraham said:

Which would be quicker? Me as a US citizen petitioning for my stepdaughter, or my wife is a green card holder petitioning for her daughter.

Here is the difference.

 

If you file the petition (IR2) then the priority date does not matter.  You run the risk of going to a slower service center.

 

If your wife files the petition (F2A) the priority date matters when it gets to the NVC.  It is "Current" at the moment, but is expected to retrograde later this year.  Processing is done at California Service Center.

 

Go with you filing the petition as it is more predictible.

[JGraham 0]

2 minutes ago, Paul & Mary said:

Here is the difference.

 

If you file the petition (IR2) then the priority date does not matter.  You run the risk of going to a slower service center.

 

If your wife files the petition (F2A) the priority date matters when it gets to the NVC.  It is "Current" at the moment, but is expected to retrograde later this year.  Processing is done at California Service Center.

 

Go with you filing the petition as it is more predictible.

Thank you for this information! I will be starting the process with me as the step-father filing the petition. I know there is no way of knowing for sure, but is the 4-6 months listed on the USCIS website in anyway accurate? We had to wait close to 14 months for my wifes IR1 visa to be completed. Just wondering if its similar in the wait time or much faster for children?

[Just Paul 4,595]

1 minute ago, JGraham said:

Thank you for this information! I will be starting the process with me as the step-father filing the petition. I know there is no way of knowing for sure, but is the 4-6 months listed on the USCIS website in anyway accurate? We had to wait close to 14 months for my wifes IR1 visa to be completed. Just wondering if its similar in the wait time or much faster for children?

It is the same process (USCIS-NVC-Consulate).   You don't have any control where it goes.  The new advantage is that online filed I-130 seem to be processing faster.

[Lil bear 4,251]

7 minutes ago, JGraham said:

Thank you for this information! I will be starting the process with me as the step-father filing the petition. I know there is no way of knowing for sure, but is the 4-6 months listed on the USCIS website in anyway accurate? We had to wait close to 14 months for my wifes IR1 visa to be completed. Just wondering if its similar in the wait time or much faster for children?

Same process. Similar timeframe though maybe generally slightly quicker now at USCIS with the I 130 than when you went through it before 

[Bzegurl 41]

1 hour ago, JGraham said:

My wife got her green card in the mail this week. She got it via the IR1 visa in the Philippines. Now we are going to want to start the process of bringing my step daughter.  Since her mom is a green card holder, does she need to be the one to apply for her daughter? Or can I, the US citizen, apply for my step daughter (I have known her since she was less than a year old, she is now turning 6)

Also what is the visa category we can expect my step daughter to get? Will she be able to get a green card also?

 

Any advice is greatly helpful as we cannot afford a lawyer. I did the entire IR1 visa process myself with no issues so I am confident I can do this one also.

Oh mein its sad you didn't know she could have accompanied her mom on her IR1/CR1. You can petition her the same way you did her mom. Its really not that hard. I did mine and my kids on  separate petitions years ago. SO file form 130 for her and now that can be down online so go ahead. It should take between 10-12 months. Good Luck. 

[SusieQQQ 11,586]

Another reason for doing IR2 is that f2a visas aren’t currently being issued under the EO travel ban and who knows if that will extend. At best the delay in issuance while the ban is effective might lead to priority date  retrogression but at worst there could be an indefinite ban. So IR is just a safer route.

Edited May 8, 2020 by SusieQQQ

[geowrian 22,337]

5 hours ago, Bzegurl said:

Oh mein its sad you didn't know she could have accompanied her mom on her IR1/CR1

Just for clarity to other readers, it would have been filing for them at the same time, not accompanying. The latter may imply being a derivative beneficiary of the mother's petition, and that does not apply for IR/CR cases.