Visa for 12 yr old daughter

[raphael7546 0]

I came here on a K-1 3 yrs ago.

My daughter was listed on the K-1 application but when it came time for the interview her sperm donor dad (my ex) refused to let her move at that time. At my interview I had a letter asking them to take her off the K-1 and explained that she wouldn't be moving. The lady didn't want to take her off, stating that the father usually changes his mind. and she can follow within a year. Well he didn't ( I knew he wouldn't cuz that's just how he is).

So now we (my hubby is) for the I-130 for her to move. (She is now allowed to move here, noted by a juddge)

Here are the questions I need answers for:

Do we need to provide copies of her passport with the application?

Can her packet (for medical & interview) be sent to my brother who has access to her instead of her home? I'm afraid Sperm donor/Ex will sabatoge the packet like he did with our divorce.

After she gets here, will she need to have AP so that she can go back to Canada for a visit. (Sperm donor/Ex will have visitation rights).

Will she have to adjust status?

Will she need to get EAD now or even later? ( She is only 12 , will be 13 when she moves here)

anyways, any help would be appreciated.

Would love to hear from others who have gone thru this. IE: entered on a K-1 married, had children under 21 follow years later. Or am I the only one doing this?

[Boiler 45,525]

K1 is now irrelevant. So ignore that.

Sounds like your Husband will be applying for his step daughter, Immigrant Visa, no adjustment.

[tom&tata 2]

If your husband files for I-130 - means she will get immigrant visa. When she activates the visa upon entry to US, she will get permanent resident card. She would not need AP (for travel) nor EAD (for work).

[NArocks 13]

Your husband will be applying for a IR2 Visa for your daughter. Follow the instructions on the I-130, once approved you will get information sent to you from the NVC. The paperwork you can do and send via courier back and forth which is how I did ot for my step kids. NVC will ask for that court document that allows the child to immigrate to the US and then you need to see what your daughter country requirements are for her to leave. We had to have a letter that was notorized only in Bogota Colombia from the mom that allowed the boys to leave.

You can also find a wealth of informaiton on the Canada forum here I am sure someone there has been through this.

Good Luck

Edited August 1, 2008 by NArocks

[NArocks 13]

If your husband files for I-130 - means she will get immigrant visa. When she activates the visa upon entry to US, she will get permanent resident card. She would not need AP (for travel) nor EAD (for work).

Our boys got the green card 30 days after entry on a CR2 visa

[chuckb 0]

I'm going though this (similar situation) now, for a stepdaughter. I agree with the posts so far. Only time will tell, but the advise is consistant with all I have been able to learn. It would raise questions if your daughter wasn't listed on previous documents, so it is in your favor that that she is listed.

Good Luck

[chuckb 0]

Since this conversation related to Step-children and filing I-130, I'm posting here so as not to start another Topic. In the instructions for where to mail the I-130 petition, it has a special address to mail the I-130 if you are mailing an I-485 concurrently. I can't think of any situation that this would apply to, why would anyone do this?

I don't think I need an I-485 for my situation, but it begs the question why no Biometrics (or Fee)? Is it part of the Immigrant Visa? My only experience is with K1/K2 technically non-Immigrant Visas.

The instructions for the I-485 include situations that sound like mine, so I'm confused.

Am I missing something?

[payxibka 10,045]

Since this conversation related to Step-children and filing I-130, I'm posting here so as not to start another Topic. In the instructions for where to mail the I-130 petition, it has a special address to mail the I-130 if you are mailing an I-485 concurrently. I can't think of any situation that this would apply to, why would anyone do this?

I don't think I need an I-485 for my situation, but it begs the question why no Biometrics (or Fee)? Is it part of the Immigrant Visa? My only experience is with K1/K2 technically non-Immigrant Visas.

The instructions for the I-485 include situations that sound like mine, so I'm confused.

Am I missing something?

I-130 and I-485 filed concurrently for someone who entered on another visa (example, B1/2) and then met someone while visiting and got married and wishes to remain. The I-130 is needed to establish the immediate relative relationship and the I-485 for the greencard.

[chuckb 0]

I-130 and I-485 filed concurrently for someone who entered on another visa (example, B1/2) and then met someone while visiting and got married and wishes to remain. The I-130 is needed to establish the immediate relative relationship and the I-485 for the greencard.

Thank you, very much! That makes sense. Seems a difficult way to go though, too easy to be accused of fraud.

I sent the I-130 today, and hoping...

[NickD 203]

This deals more with the ex than immigration, is your ex paying child support payment? I hit my wife's ex with a deal he couldn't turn down for her daughter, would legally drop his child support payments for his permission for his daughter to come here and for full custody. He jumped at it.

An important consideration is your daughter's feeling for her biological sperm donating father, my step daughter feared her dad, and was glad to get rid of him. He was given visitation rights, but only with the permission of our daughter, we had that written in, she was 13 and old enough to make her own choice, but she never gave that permission, it was strictly up to her. My position was to have a family, not a circus. With these papers in hand, no problems with immigration for her. I did do an EAD on her, we could enroll her in school due to a supreme court decision on this matter in Texas according to our school's legal department that conflicts with the USCIS on this to make it legal in their eyes as well. Also applied for an SS card for her.

Do all you can to keep your family together and your husband has to be number one for you and your daughter. I spend hours with mine teaching her English, helping her with her homework, teaching her how to drive, getting her driver's license, but now she is a grown woman and is free to do what she wants to do. LOL, can't get rid of her, still wants to stay home. Anybody know of some nice young man that would like to marry and support her?

[raphael7546 0]

Until I moved to the states on my K-1 my daughter lived with me. He hardly ever paid child support but that's irrelevant. (I pay him child support) We have joint custody and while she lived with me, she spent every other weekend with him. She had to move in with him when I moved here since he refused to sign the paperwork letting her move before she turned 12.

I've always made sure she maintained a good relationship with my ex, and will continue to do so once she has moved here. ( that's why I asked if she needed AP)

Our Custody papers state she is allowed to move here once she turned 12. She could choose where she wants to live with No interference from my ex. I have those documents in hand, signed by the supreme court judge.

She has chosen to move here. So my husband is filing the I130 for her.

My daughter has an awesome relationship with my husband. She calls him Daddy. No circus here. My husband dotes on my daughter. He married into a family not just me. ( even had special vows for her in our ceremony) So no worries that my husband doesn't want her. Anyone who has seen my daughter & my husband together would think that they are biological parent & child.

It's been obvious since day 1 that she wanted to move here and was just waiting until she turned 12. My ex even told me the only reason he wouldn't let her move before was to hurt me. He didn't want her. But that's OK cuz Karma will get him in the end.

On another note.

I had my K-1 interview in Vancouver as that's where were from.

I have heard that my daughter will have to have her interview in Montreal. Is this true?

I thik that's crazy considering she lives half an hour from downtown Vancouver. That would mean I would have to fly to vancouver, pick her up, fly to montreal, do the interview, fly to vancouver get her things and then fly to the USA. Nothing like making things hard in an already difficult situation!