What can I do?

[JosephAsh 2]

My wife is a U.S born citizen, we have been married for over 4yrs now, but unfortunately my adjustment of status was refused and the subsequent appeal has grown cold for about 3yrs now.

Can my wife apply for Alien relative for my daughter who is 15yrs now, or does she need to adopt her to be able to bring her over even though I omitted her in my refused application because I wasn't thinking straight. 

Thank you in anticipation for your response. 
 

[HRQX 4,145]

13 minutes ago, JosephAsh said:

Can my wife apply for Alien relative for my daughter who is 15yrs now,

Yes she can file for stepchildren, but USCIS and/or DOS may question the previous omission. Explain it when asked by them.

[Boiler 45,670]

I can think of no end of issues that could apply.

 

Presumably with such a complicated situation there is a Lawyer involved.

 

Whi is looking after the child now, would the other parent be agreeable.

[JosephAsh 2]

The mother is looking after her all this while and she won’t mind

[Nitas_man 3,100]

1 hour ago, JosephAsh said:

My wife is a U.S born citizen, we have been married for over 4yrs now, but unfortunately my adjustment of status was refused and the subsequent appeal has grown cold for about 3yrs now.

Can my wife apply for Alien relative for my daughter who is 15yrs now, or does she need to adopt her to be able to bring her over even though I omitted her in my refused application because I wasn't thinking straight. 

Thank you in anticipation for your response. 
 

I can think of any number of issues filing for an omitted stepchild.  This isnt DIY, advise consulting an attorney

Why were you refused?

[JosephAsh 2]

That they don’t believe the marriage is real, we’ve been married for almost 5yrs🤷‍♂️

[Lucky2Lucky 2,526]

14 minutes ago, JosephAsh said:

That they don’t believe the marriage is real, we’ve been married for almost 5yrs🤷‍♂️

Well you lied about having a child so I could see why they question your marriage. 

[JosephAsh 2]

Lied about having a child?? I didn’t lie about having a child I didn’t know I had one 15 yrs back until after I was already filled. So I didn’t know, I can’t lie about my child if I knew I had one

[trudi 1,317]

1 hour ago, JosephAsh said:

My wife is a U.S born citizen, we have been married for over 4yrs now, but unfortunately my adjustment of status was refused and the subsequent appeal has grown cold for about 3yrs now.

Can my wife apply for Alien relative for my daughter who is 15yrs now, or does she need to adopt her to be able to bring her over even though I omitted her in my refused application because I wasn't thinking straight. 

Thank you in anticipation for your response. 
 

 

6 minutes ago, JosephAsh said:

Lied about having a child?? I didn’t lie about having a child I didn’t know I had one 15 yrs back until after I was already filled. So I didn’t know, I can’t lie about my child if I knew I had one

Your original post states you omitted your child because you 'weren't thinking straight'.

It may be a language problem but you aren't saying the same thing across your posts which is not going to help get you the correct advice.

I agree with the others, a competent immigration attorney would be your best choice.

 

[Pinkrlion 2,724]

If USCIS does not believe that you have a bonafide marriage, why would they believe that there is a stepparent relationship with a child you never placed on your paperwork.  You already have a lawyer - talk to him.  

[Lucky2Lucky 2,526]

24 minutes ago, JosephAsh said:

Lied about having a child?? I didn’t lie about having a child I didn’t know I had one 15 yrs back until after I was already filled. So I didn’t know, I can’t lie about my child if I knew I had one

“I omitted her in my refused application because I wasn't thinking straight. ” that infers you did not put your child down on your application. You may see it as omitted, while I see it as a lie and presumably USCIS may see it as well.

[JosephAsh 2]

Okay I see what you saying but I guess I used the wrong English on my post because I didn’t know about her at all until after I’ve already filed the papers.

[Boiler 45,670]

OK she is 15 but you only have been told you are the father in the last 4 years.

 

Sounds like you have not met the child?

 

How do you know for sure she is your child? DNA test?

[JosephAsh 2]

Nope I haven’t met her, but have a lot of her pictures looks like me exactly and I remembered when the incident happened though I was still young. But the DNA I will still do that if needed 

[Pinkrlion 2,724]

2 minutes ago, JosephAsh said:

Nope I haven’t met her, but have a lot of her pictures looks like me exactly and I remembered when the incident happened though I was still young. But the DNA I will still do that if needed 

Pictures and a potential DNA is not enough to prove that it is your child for immigration benefits.  Is your name on her birth certificate? Are you paying child support?