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Reds89z

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

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Filed: Other Country: Russia
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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.  

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How does an I-485 apply to your situation?  


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Posted (edited)
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 by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: Country: Vietnam (no flag)
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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.

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Filed: AOS (apr) Country: Russia
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Posted (edited)
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 by igoyougoduke

31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

30-Nov-2020: EAD/AP Renewal Filed

04-Dec-2020: AOS Case Was Transferred And A New Office Has Jurisdiction 😂😂 - Transfer from CSC to Nebraska Service Center  

13-Jan-2021: EAD/AP USCIS processed renewal

25-Jan-2021: EAD/AP renewal TExt message for case received

30-Jan-2021: EAD/AP renewal Receipts received

15-Mar-2021: AOS Approved - Card Production Sent

20-Mar-2021: Card Received in Mailbox

 

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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.


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: Other Country: Russia
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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?

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Filed: Country: Vietnam (no flag)
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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.

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Filed: Country: Vietnam (no flag)
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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.  

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