need help please

[ed g 0]

My papers for I130 are being processed now for my wife and 14 year old stepdaughter. Now my oldest stepdaughter wants to come to america to. She is not part of the process I am waiting on now. Does anyone know what is the best way to try to get her here without starting all over. She is 19 years old. Any help or suggestions would be greatly appreciated. thank you

[NArocks 13]

Did you marry the Mom before the oldest daughter turned 18? If not then the mom will have to apply once she receives her GC

My papers for I130 are being processed now for my wife and 14 year old stepdaughter. Now my oldest stepdaughter wants to come to america to. She is not part of the process I am waiting on now. Does anyone know what is the best way to try to get her here without starting all over. She is 19 years old. Any help or suggestions would be greatly appreciated. thank you

[ed g 0]

Did you marry the Mom before the oldest daughter turned 18? If not then the mom will have to apply once she receives her GC

My papers for I130 are being processed now for my wife and 14 year old stepdaughter. Now my oldest stepdaughter wants to come to america to. She is not part of the process I am waiting on now. Does anyone know what is the best way to try to get her here without starting all over. She is 19 years old. Any help or suggestions would be greatly appreciated. thank you

yes, the child just turned 19 and mom and I have been married for almost a year. she did not want to come when we applied for cr1 but now she wants to come

[geezer 1]

Did you marry the Mom before the oldest daughter turned 18? If not then the mom will have to apply once she receives her GC

My papers for I130 are being processed now for my wife and 14 year old stepdaughter. Now my oldest stepdaughter wants to come to america to. She is not part of the process I am waiting on now. Does anyone know what is the best way to try to get her here without starting all over. She is 19 years old. Any help or suggestions would be greatly appreciated. thank you

yes, the child just turned 19 and mom and I have been married for almost a year. she did not want to come when we applied for cr1 but now she wants to come

You need to file a I-130 for her. CR/IR 1 is not a derivative visa.

[pushbrk 12,824]

Did you marry the Mom before the oldest daughter turned 18? If not then the mom will have to apply once she receives her GC

My papers for I130 are being processed now for my wife and 14 year old stepdaughter. Now my oldest stepdaughter wants to come to america to. She is not part of the process I am waiting on now. Does anyone know what is the best way to try to get her here without starting all over. She is 19 years old. Any help or suggestions would be greatly appreciated. thank you

yes, the child just turned 19 and mom and I have been married for almost a year. she did not want to come when we applied for cr1 but now she wants to come

That's not a very precise answer but the fuzzy math tells me the marriage took place after the daughter's 18th birthday. As such a CR2 visa is not an option for her. She can come on a K4 visa but only if the mother obtains a K3 instead of CR1. Unfortunately the daughter cannot adjust status from K4 to CR1 without an approved I-130 and she doesn't meet the immigration definition of a step-child. (See the I-130 instructions.) Instead of a two-year I-94, she would receive an I-94 indicating she was authorized to stay in the US only until her 21st birthday.

Her best bet for a long term stay may be to take a student visa route. She could start working on that now or do it after a K4 entry.

Did you marry the Mom before the oldest daughter turned 18? If not then the mom will have to apply once she receives her GC

My papers for I130 are being processed now for my wife and 14 year old stepdaughter. Now my oldest stepdaughter wants to come to america to. She is not part of the process I am waiting on now. Does anyone know what is the best way to try to get her here without starting all over. She is 19 years old. Any help or suggestions would be greatly appreciated. thank you

yes, the child just turned 19 and mom and I have been married for almost a year. she did not want to come when we applied for cr1 but now she wants to come

You need to file a I-130 for her. CR/IR 1 is not a derivative visa.

If the marriage occured after the child turns 18, the US Citizen cannot file an I-130 for her.

[geezer 1]

If the marriage occured after the child turns 18, the US Citizen cannot file an I-130 for her.

Correct, I read the Yes in the OP's post to mean they had married before the childs 18 birthday if not, thats right, they cannot file an I-130.

[pushbrk 12,824]

Perhaps the OP misread the question but since the daughter is 19 already and the couple has been married "almost a year" the marriage occured after the daughter turned 18. She has options but CR2 isn't one of them and neither is adjusting to LPR from a K4. K4 yes, adjusting from K4, no. Two years on the K4, no. The K4 and any subsequent I-94 expire the day before she's 21.

Edited January 29, 2009 by pushbrk

[ed g 0]

thank you for all of your responses. let me clarify. my stepdaughter turned 18 after my wife and I were married.

[pushbrk 12,824]

thank you for all of your responses. let me clarify. my stepdaughter turned 18 after my wife and I were married.

This was a key question and your answer clearly indicated otherwise. If she's 19 now and you've been married less than a year, you married after she turned 18. If the marriage took place before the daughter turned 18 then all options were available at the time you filed the I-130 for your wife. Did you also file one for the child that originally intended to accompany your wife?

How about giving the older daughter's full birthdate and your wedding date so the conflict between your first and second answers can be clearly resolved.

[ed g 0]

thank you for all of your responses. let me clarify. my stepdaughter turned 18 after my wife and I were married.

This was a key question and your answer clearly indicated otherwise. If she's 19 now and you've been married less than a year, you married after she turned 18. If the marriage took place before the daughter turned 18 then all options were available at the time you filed the I-130 for your wife. Did you also file one for the child that originally intended to accompany your wife?

How about giving the older daughter's full birthdate and your wedding date so the conflict between your first and second answers can be clearly resolved.

I was married on march 14 2008. the daughter in question turned 19 1 month later in April. I hope this clears things up. She was 18 when we got married

[pushbrk 12,824]

thank you for all of your responses. let me clarify. my stepdaughter turned 18 after my wife and I were married.

This was a key question and your answer clearly indicated otherwise. If she's 19 now and you've been married less than a year, you married after she turned 18. If the marriage took place before the daughter turned 18 then all options were available at the time you filed the I-130 for your wife. Did you also file one for the child that originally intended to accompany your wife?

How about giving the older daughter's full birthdate and your wedding date so the conflict between your first and second answers can be clearly resolved.

I was married on march 14 2008. the daughter in question turned 19 1 month later in April. I hope this clears things up. She was 18 when we got married

Yes, it clears things up, back to the original. CR1 is not available to the 19 year old because the marriage took place after she was already 18. K4 is but her status cannot be adjusted.

Answering accurately is critical to getting the right answers. I asked you if you filed an I-130 for the younger child. The answer is critical. If you didn't, then K3 and K4 is the only reasonable path left to you anyway. If you did file an I-130 for the younger child, that's good but if both immigrate, CR visas are off the table as K4 cannot combine with CR.

On the other hand, armed with the knowledge the 19 year old cannot stay long, you may opt out of including her in your wife's immigration.

Edited January 29, 2009 by pushbrk

[ed g 0]

thank you for all of your responses. let me clarify. my stepdaughter turned 18 after my wife and I were married.

This was a key question and your answer clearly indicated otherwise. If she's 19 now and you've been married less than a year, you married after she turned 18. If the marriage took place before the daughter turned 18 then all options were available at the time you filed the I-130 for your wife. Did you also file one for the child that originally intended to accompany your wife?

How about giving the older daughter's full birthdate and your wedding date so the conflict between your first and second answers can be clearly resolved.

I was married on march 14 2008. the daughter in question turned 19 1 month later in April. I hope this clears things up. She was 18 when we got married

Yes, it clears things up, back to the original. CR1 is not available to the 19 year old because the marriage took place after she was already 18. K4 is but her status cannot be adjusted.

Answering accurately is critical to getting the right answers. I asked you if you filed an I-130 for the younger child. The answer is critical. If you didn't, then K3 and K4 is the only reasonable path left to you anyway. If you did file an I-130 for the younger child, that's good but if both immigrate, CR visas are off the table as K4 cannot combine with CR.

On the other hand, armed with the knowledge the 19 year old cannot stay long, you may opt out of including her in your wife's immigration.

I am sorry I am not giving you all the information you need. I appreciate your patience. yes I filed the I130 for the younger child and our papers are being worked on now.

[pushbrk 12,824]

thank you for all of your responses. let me clarify. my stepdaughter turned 18 after my wife and I were married.

This was a key question and your answer clearly indicated otherwise. If she's 19 now and you've been married less than a year, you married after she turned 18. If the marriage took place before the daughter turned 18 then all options were available at the time you filed the I-130 for your wife. Did you also file one for the child that originally intended to accompany your wife?

How about giving the older daughter's full birthdate and your wedding date so the conflict between your first and second answers can be clearly resolved.

I was married on march 14 2008. the daughter in question turned 19 1 month later in April. I hope this clears things up. She was 18 when we got married

Yes, it clears things up, back to the original. CR1 is not available to the 19 year old because the marriage took place after she was already 18. K4 is but her status cannot be adjusted.

Answering accurately is critical to getting the right answers. I asked you if you filed an I-130 for the younger child. The answer is critical. If you didn't, then K3 and K4 is the only reasonable path left to you anyway. If you did file an I-130 for the younger child, that's good but if both immigrate, CR visas are off the table as K4 cannot combine with CR.

On the other hand, armed with the knowledge the 19 year old cannot stay long, you may opt out of including her in your wife's immigration.

I am sorry I am not giving you all the information you need. I appreciate your patience. yes I filed the I130 for the younger child and our papers are being worked on now.

Good, then the younger child will have an approved I-130 already when you file AOS for mother and child. If the 19 year old still wants to obtain a visa allowing her to stay in the USA until she's 21, you'll need to follow the K3/K4 route, not the CR1/CR2.