I-130 Me and my daughter

[Tomyy 3]

Hello I started the i130 visa process with my American wife, but I have a daughter from my deceased wife who is thirteen years old. My question is, is it better for me to go to America and then submit a new  Application for my daughter, or we  do the 2 application in the some time now in the i130, and does it take more time to have visa . Thank you 

[JeanneAdil 6,220]

wait time for interview is *months +depending on embassy 

USC can apply now and bring her in that timeframe with u or u come and she waits her 18+ months for interview making her 19+/-

meanwhile there are restrictions about a daughter marrying depending on your status 

 

LPR for daughter 

F2A visas for spouses and unmarried children under age 21. F2B visas for unmarried children who are 21 years of age or older.

[Ontarkie 13,920]

Your daughter needs her own I-130 it would be best if she is petitioned at the same time as you.  This process is not fast and it is even slower if you were to leave her behind to file for her later. She's lost a mother, being apart from her father for years can hurt her. Don't leave her behind. 

[Crazy Cat 39,362]

14 minutes ago, Ontarkie said:

Your daughter needs her own I-130 it would be best if she is petitioned at the same time as you.  This process is not fast and it is even slower if you were to leave her behind to file for her later. She's lost a mother, being apart from her father for years can hurt her. Don't leave her behind. 

Agree 100%.  US spouse can petition both spouse and Step Daughter as IR/CR-1 and IR/CR-2.  It can be managed at NVC for both to receive visas about the same time.  

[Tomyy 3]

I will apply for a CR1 visa and I will submit a form for my daughter.My question is, when we obtain the visa together, can I travel before her in order to create excellent living conditions for her after that she travels to America? Will the visa remain valid and for how long? Thank you guys 

[Crazy Cat 39,362]

11 minutes ago, Tomyy said:

I will apply for a CR1 visa and I will submit a form for my daughter.My question is, when we obtain the visa together, can I travel before her in order to create excellent living conditions for her after that she travels to America? Will the visa remain valid and for how long? Thank you guys 

Visas are valid for no more than 6 months after the medical exam.  Can you travel before her?  Yes.  Your case and your daughter's case are completely separate.  

Edited December 27, 2023 by Crazy Cat

[powerpuff 5,918]

*** Topic moved from Progress Reports to Process & Procedures ***

[pushbrk 12,143]

On 12/28/2023 at 1:59 AM, Tomyy said:

I will apply for a CR1 visa and I will submit a form for my daughter.My question is, when we obtain the visa together, can I travel before her in order to create excellent living conditions for her after that she travels to America? Will the visa remain valid and for how long? Thank you guys 

That would have your daughter following you 18 to 24 months later.  Your spouse can file both petitions.  Spouse and step daughter are both considered her immediate relatives.  There is no need to wait for YOU to petition your daughter.

 

My recommendation is to file both petitions now.  If you decide later, you want the daughter to follow more than six months behind you, then ask that the daughter's interview be scheduled later than yours.  NVC will follow those instructions, and they you'll have the flexibility you need.  That part is handled about a year after petition filing.  Seems this was already discussed in a topic started by the US Citizen spouse earlier this week.

[Tomyy 3]

On 12/28/2023 at 11:10 PM, pushbrk said:

That would have your daughter following you 18 to 24 months later.  Your spouse can file both petitions.  Spouse and step daughter are both considered her immediate relatives.  There is no need to wait for YOU to petition your daughter.

 

My recommendation is to file both petitions now.  If you decide later, you want the daughter to follow more than six months behind you, then ask that the daughter's interview be scheduled later than yours.  NVC will follow those instructions, and they you'll have the flexibility you need.  That part is handled about a year after petition filing.  Seems this was already discussed in a topic started by the US Citizen spouse earlier this week.

Thank you very much because you always help me. My question now is: What are the documents required for my daughter’s application and are they the same as the i130 tkx again 

[IWander 581]

1 hour ago, Tomyy said:

Thank you very much because you always help me. My question now is: What are the documents required for my daughter’s application and are they the same as the i130 tkx again 

It is the same petition but the supporting evidence will be slightly different 

[pushbrk 12,143]

2 hours ago, Tomyy said:

Thank you very much because you always help me. My question now is: What are the documents required for my daughter’s application and are they the same as the i130 tkx again 

It is not yet clear what you have or have not done for your daughter already.  Has her I-130 been filed and approved already?

[Tomyy 3]

1 hour ago, pushbrk said:

It is not yet clear what you have or have not done for your daughter already.  Has her I-130 been filed and approved already?

No I ask what documents I need for her I130 it's the some like me (passport . birth certificate and picture passport..) or something's other 

[pushbrk 12,143]

18 minutes ago, Tomyy said:

No I ask what documents I need for her I130 it's the some like me (passport . birth certificate and picture passport..) or something's other 

Exactly what you need for stepchild is detailed in the I-130 instructions.  No, not exactly the same.

 

Since you did not file for your step daughter, her process is going to be just as long as your wife's and they will not be coming together.  Should have done your homework the first time.  Get on it now.

[IWander 581]

11 minutes ago, pushbrk said:

Exactly what you need for stepchild is detailed in the I-130 instructions.  No, not exactly the same.

 

Since you did not file for your step daughter, her process is going to be just as long as your wife's and they will not be coming together.  Should have done your homework the first time.  Get on it now.

Doesn't change much but it is not a stepdaughter but daughter from a previous relationship.  OP is the beneficiary.  The "wife" is the USC.

[pushbrk 12,143]

2 minutes ago, IWander said:

Doesn't change much but it is not a stepdaughter but daughter from a previous relationship.  OP is the beneficiary.  The "wife" is the USC.

Thanks for the clarification.  WIFE needs to do the homework.