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Sean88

I-130 and foriegn stepchild

By Sean88 in Bringing Family Members of US Citizens to America

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Sean88 Newbie

Sean88   0

Posted
Filed: K-1 Visa Country: Peru
 Timeline
Posted

My Peruvian wife has a daughter that I later will love to adopt. My wife's ex-husband has had no contact since she was 2 and she is now 9. I am filing all the papers for my wife now. We want to bring my step daughter over later as my wife wants to come first to get settled. Her daughter will stay with her grandmother until we go to retrieve her.

I am about to file a separate I-130 for my stepdaughter. Item 1. Is "I am filing this petition on behalf of my: __Husband/Wife ___Parent ___Brother/Sister ____Child" Can I check __Child even though she is my wife's child and a step daughter to me?

Does anyone know how I should proceed?

Can I even submit a I-130 petition for her?

Does her mother have to submit the I-130 after she has a spouse visa or can I now?

She is only 9 years old. Even though the father is out of the picture do we need a document from him to permit my step daughter to come here? What do we do if we can't find him?

Thanks for any advice!

NArocks Mentor

NArocks   13

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted (edited)

You say wife but your profile states k1? If you are already married yes you can sumbit the I-130 with her birth certificate and your marriage certificate. You will mark as your Child. You need to see what the requirements are in Peru ( if that is the correct country ), we had to submit a notarized letter from the mother allowing the kids to come to the US this was submitted to the NVC so it is not needed now. PLease update if you are already married, also there may be follow to join benifits however I am not familiar with them.

:time:

Edited by NArocks

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


BRIAN AND ISA Enthusiast

BRIAN AND ISA   0

Posted
Filed: K-1 Visa Country: Peru
 Timeline
Posted

You will need to get a notarized letter from the biologigal father stating that it is OK for the daughter to come with her mother to the United States. You will have to get this even if the bio-father has had no contact for 7 years. We had a similar situation and needed the letter. Make sure you make plenty of copies of this because they will take one at the embassy interview, at the airport when you leave and then you will need it to get her registered for school as well. Good luck and let us know if you have any other questions.

Brian & Isa

 
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