I-130 For Daughter, Solutions for 1/2 Sister and Ex?

[Reds89z 5]

Hi,

 

So this might be a unique one, hopefully someone can offer some advice.  I recently filed an I-130 for my daughter that was not born in the US.  My daughter has a half sister 2 years younger than her (different fathers, same mother).  My ex wife wants to enroll both girls in school here in the US for a year, as well as join them.  She is not willing to let my daughter come to the US alone since she is a minor, and insists on accompanying both girls.  I'm capable per the I-864 guidelines of sponsoring all 3.  Per the I-130 and I-485 instructions, I don't see any field to fill out to file a petition for the other two since they are not direct relatives of mine.  Ex wife would no longer count, correct?  Assuming that my daughter's I-130 and later I-485 are approved, is there any way to get my daughter's half sister and my ex wife in the US so both girls can attend school here together?  

 

I'll also note that my ex and I have been legally divorced since 2013, and that she never adjusted her status in the US after entering via marriage before she left.  Everyone has entered the US several times on valid B2 tourist visas.  

[Crazy Cat 39,227]

How does an I-485 apply to your situation?  

[Reds89z 5]

Lucky Cat,

 

The I-485 is filed concurrently for my daughter's I-130 as a visa is always available for immediate relatives of a US citizen.

[Crazy Cat 39,227]

7 minutes ago, Reds89z said:

Lucky Cat,

 

The I-485 is filed concurrently for my daughter's I-130 as a visa is always available for immediate relatives of a US citizen.

The I-485 does not apply if that person is outside the US.....and a person cannot enter the US via a non-immigrant route such as a B2 with the intent to file an I-485 and stay.

Edited April 21, 2021 by Lucky Cat

[aaron2020 11,651]

22 minutes ago, Reds89z said:

Hi,

 

So this might be a unique one, hopefully someone can offer some advice.  I recently filed an I-130 for my daughter that was not born in the US.  My daughter has a half sister 2 years younger than her (different fathers, same mother).  My ex wife wants to enroll both girls in school here in the US for a year, as well as join them.  She is not willing to let my daughter come to the US alone since she is a minor, and insists on accompanying both girls.  I'm capable per the I-864 guidelines of sponsoring all 3.  Per the I-130 and I-485 instructions, I don't see any field to fill out to file a petition for the other two since they are not direct relatives of mine.  Ex wife would no longer count, correct?  Assuming that my daughter's I-130 and later I-485 are approved, is there any way to get my daughter's half sister and my ex wife in the US so both girls can attend school here together?  

 

I'll also note that my ex and I have been legally divorced since 2013, and that she never adjusted her status in the US after entering via marriage before she left.  Everyone has entered the US several times on valid B2 tourist visas.  

Where is your daughter?  In the US or outside the US?

 

There is no way for you to file for an ex-wife or her child that is not yours.

[igoyougoduke 1,604]

24 minutes ago, Reds89z said:

Hi,

 

So this might be a unique one, hopefully someone can offer some advice.  I recently filed an I-130 for my daughter that was not born in the US.  My daughter has a half sister 2 years younger than her (different fathers, same mother).  My ex wife wants to enroll both girls in school here in the US for a year, as well as join them.  She is not willing to let my daughter come to the US alone since she is a minor, and insists on accompanying both girls.  I'm capable per the I-864 guidelines of sponsoring all 3.  Per the I-130 and I-485 instructions, I don't see any field to fill out to file a petition for the other two since they are not direct relatives of mine.  Ex wife would no longer count, correct?  Assuming that my daughter's I-130 and later I-485 are approved, is there any way to get my daughter's half sister and my ex wife in the US so both girls can attend school here together?  

 

I'll also note that my ex and I have been legally divorced since 2013, and that she never adjusted her status in the US after entering via marriage before she left.  Everyone has entered the US several times on valid B2 tourist visas.  

• you cannot sponsor ex wife or step children that are not yours 
•   What is your status ? Citizen or Green card holder .  you can only  sponsor your child at this point.

Edited April 21, 2021 by igoyougoduke

[Crazy Cat 39,227]

1 minute ago, aaron2020 said:

Where is your daughter?  In the US or outside the US?

 

There is no way for you to file for an ex-wife or her child that is not yours.

The Daughter seems to be outside the US since OP says ex-wife not willing to let Daughter come to US alone.

[Reds89z 5]

4 minutes ago, aaron2020 said:

Where is your daughter?  In the US or outside the US?

 

There is no way for you to file for an ex-wife or her child that is not yours.

My daughter is living with her mom in Russia.  That's what I was seeing per the instructions on each form.  I guess the only way they could enter the US is by a DS-160 nonimmigrant visa application?

[aaron2020 11,651]

You seem really confused about all of this.

You can't file an I-485 if your daughter is not inside the US.

 

Were you a US citizen when your daughter was born?  Your daughter may already be a US citizen.

[aaron2020 11,651]

1 minute ago, Reds89z said:

My daughter is living with her mom in Russia.  That's what I was seeing per the instructions on each form.  I guess the only way they could enter the US is by a DS-160 nonimmigrant visa application?

Absolutely no way for your ex-wife and her daughter that is not yours to come and live in the US for a year and attend school.  

They can file I-160 for visitor visas that limits them to visit the US for up to 180 days.  They can't legally attend school.  Attending school would be a violation of their visitor visa status.

[Reds89z 5]

10 minutes ago, igoyougoduke said:

• you cannot sponsor ex wife or step children that are not yours 
•   What is your status ? Citizen or Green card holder .  you can only  sponsor your child at this point.

I am a citizen.

[aaron2020 11,651]

2 minutes ago, Reds89z said:

I am a citizen.

Were you a US citizen when your daughter was born?  If yes, then did you live in the US for at least 5 years before she was born?

[Reds89z 5]

3 minutes ago, aaron2020 said:

Were you a US citizen when your daughter was born?  If yes, then did you live in the US for at least 5 years before she was born?

Yes on both.  

[aaron2020 11,651]

2 minutes ago, Reds89z said:

Yes on both.  

Your daughter is a US citizen.

You need to file a CRBA with the US Embassy in Moscow and file to obtain a US passport for her.  You can not file an I-130 for her.
 

As a US citizen, your daughter can come live in the US when she wants.  It may mean waiting until she turns 18 unless you want to fight for custody in Russia.

 

There is no path for your ex-wife and her daughter that's not your to come live and attend school in the US.  

[aaron2020 11,651]

To clarify.

You made a mistake filing an I-130 for your daughter.   With a claim to US citizenship, she does not qualify to be petitioned with an I-130.  USCIS should properly deny the I-130 petition if they determine that she has a claim to US citizenship.  If they miss it and she goes for an interview at the US Embassy, they will deny her a visa because she has a claim to US citizenship.

 

The proper path for her is for you to file a Consular Report of Birth Abroad of a US citizen and obtain a US passport for her.