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I-130 and her child(my stepchild)

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  • I-130 and her child(my stepchild)

    When I file for the I-130,sending the I-765, I-864, and I-485, what do I do for her daughter? The I-130 asks me if it is for my child but does not ask about a stepchild. She can bring her daughter can't she?
    If this is a problem I must put off the wedding which is only a few weeks away. She will not come with out her daughter and I would not ask.
    Can someone help me with this? Everyone has been so good on this site. That is why I come back here to ask.
    Thankyou to all

  • #2
    When I file for the I-130,sending the I-765, I-864, and I-485, what do I do for her daughter? The I-130 asks me if it is for my child but does not ask about a stepchild. She can bring her daughter can't she?
    If this is a problem I must put off the wedding which is only a few weeks away. She will not come with out her daughter and I would not ask.
    Can someone help me with this? Everyone has been so good on this site. That is why I come back here to ask.
    Thankyou to all

    Comment


    • #3
      Yes, she will be able to bring her daughter provided she's under the age of 21. You will need to file for her separately. While they'll be 2 different applications, they'll be processed together and be interviewed together.
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by honestlyspkng:
        When I file for the I-130,sending the I-765, I-864, and I-485, what do I do for her daughter? The I-130 asks me if it is for my child but does not ask about a stepchild. She can bring her daughter can't she?
        If this is a problem I must put off the wedding which is only a few weeks away. She will not come with out her daughter and I would not ask.
        Can someone help me with this? Everyone has been so good on this site. That is why I come back here to ask.
        Thankyou to all </div></BLOCKQUOTE>

        something does not add up...

        your future wife is outside USA, correct?
        Where is the wedding? If in the USA, on which visa will she enter the USA?

        The forms you mentioned are for adjustement of status when foreign spouse is already living in the USA. or you are planning for the future? If yes, it is important to know on which visa will she and her daughter arrive.

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
          Yes, she will be able to bring her daughter provided she's under the age of 21. You will need to file for her separately. While they'll be 2 different applications, they'll be processed together and be interviewed together. </div></BLOCKQUOTE>

          Just a little tweak. The fiance's daughter or the OP's soon-to-be stepchild may enjoy derivative immigration benefit (concurrent processing with her mother) only if the marriage will take place before the child's 18th birthday. Otherwise, the child would only be petitioned by her mother after she became a permanent resident, and there would be a little wait time.

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