Bringing wifes child to USA

[mighty836 87]

We want to bring My wife's minor daughter to the USA to live. She was included on my wifes K1 approved visa, but at the time we didnt bring her here. Now we want to bring her over and im wondering what is the best process to do that. Any info would be greatly appreciated. 

[SteveInBostonI130 3,319]

It depends on when your wife's K1 was approved.  Your stepdaughter can follow to join, or if it has been too long (since approval), then you can file a I-130 for her.

 

EDIT: From your timeline it has been over a year since the K1 was approved.  Your wife can submit a I-130 for the F2A or you can file a I-130 for an IR2 for her, assuming you were married before your stepdaughter turned 18.

Edited June 19, 2021 by SteveInBostonI130
More Info

[mighty836 87]

17 minutes ago, SteveInBostonI130 said:

It depends on when your wife's K1 was approved.  Your stepdaughter can follow to join, or if it has been too long (since approval), then you can file a I-130 for her.

 

EDIT: From your timeline it has been over a year since the K1 was approved.  Your wife can submit a I-130 for the F2A or you can file a I-130 for an IR2 for her, assuming you were married before your stepdaughter turned 18.

yes its been over 1 yr, and yes she is under 18. Would a K-3 work also?

[Boiler 43,518]

19 minutes ago, mighty836 said:

yes its been over 1 yr, and yes she is under 18. Would a K-3 work also?

K3, are you going to marry her?

[payxibka 10,044]

And before you ask, a K2 won't work either 

[SusieQQQ 11,584]

IR2 is generally a better route than F2A as it is faster and has a higher priority, and the child is never subject to aging out or priority  date retrogression. (The only time F2A is better is those few circumstances (we had one on VJ recently) where there is a baby of the beneficiary involved, as F2A allows derivatives and IR2 does not.)

 

[mighty836 87]

50 minutes ago, Boiler said:

K3, are you going to marry her?

after reading more, i saw that the K-3 was for my wife and not the child.  

[mighty836 87]

11 minutes ago, SusieQQQ said:

IR2 is generally a better route than F2A as it is faster and has a higher priority, and the child is never subject to aging out or priority  date retrogression. (The only time F2A is better is those few circumstances (we had one on VJ recently) where there is a baby of the beneficiary involved, as F2A allows derivatives and IR2 does not.)

 

So its better if i petition for her (IR2) than my wife doing the F2A?

whats the difference in timelines? 

[payxibka 10,044]

5 minutes ago, mighty836 said:

So its better if i petition for her (IR2) than my wife doing the F2A?

whats the difference in timelines? 

Doesn't matter so much what is today as what could happen tomorrow.   F2a is subject to visa quotas while IR2 is not.  Eventhough F2a is current in its priority, that could change next month 

[payxibka 10,044]

In addition,  Manila is way backlogged on non IR visas

[SusieQQQ 11,584]

41 minutes ago, mighty836 said:

So its better if i petition for her (IR2) than my wife doing the F2A?

whats the difference in timelines? 

In the past it has been a year or sometimes more. If F2A retrogresses on priority dates at any time before she is scheduled for her interview it could be a problem.  This is not a situation that can happen with IR which by definition always has a visa number immediately available.

Edited June 19, 2021 by SusieQQQ

[mighty836 87]

On 6/19/2021 at 11:31 AM, SusieQQQ said:

In the past it has been a year or sometimes more. If F2A retrogresses on priority dates at any time before she is scheduled for her interview it could be a problem.  This is not a situation that can happen with IR which by definition always has a visa number immediately available.

ok so the I-130 is the way to go, I would file as the childs Step Parent correct? I dont need to do an adoption do i?

[SusieQQQ 11,584]

22 minutes ago, mighty836 said:

ok so the I-130 is the way to go, I would file as the childs Step Parent correct? I dont need to do an adoption do i?

Yes step parent. No you don’t adopt