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mamalou

MY husband want to file 1-130 for my 19 yr old daughter

By mamalou in K-3 Spouse Visa Process & Procedures

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mamalou Enthusiast

mamalou   0

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Our petition was already approved last week, now my husband want to file 1-130 petition for my 19 yo daughter, her name was included when we filed our 1-130 application before. My question is, Is it Ok to file for her now? If it is, then What are the requirements for her so I can send her docs to my husband ASAP. Can you help me guys?

MARLO SY PARKER

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pushbrk Grand Master

pushbrk   12,883

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Filed: Other Country: China
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Our petition was already approved last week, now my husband want to file 1-130 petition for my 19 yo daughter, her name was included when we filed our 1-130 application before. My question is, Is it Ok to file for her now? If it is, then What are the requirements for her so I can send her docs to my husband ASAP. Can you help me guys?

The requirement for filing an I-130 for your daughter as his step-daughter is that your marriage took place before her 18th birthday. If it did, she can obtain a K4 visa and adjust status or obtain a CR2 visa and enter with conditional permanent resident status and you can ignore the next paragraph.

Otherwise, no I-130 filed by your husband can be approved. She can potentially obtain a K4 visa and come to the USA but her legal status would end on her 21st birthday. To stay beyond that time, she would need a student visa or other way to remain. She cannot adjust status based on a marriage that took place after her 18th birthday.

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mamalou Enthusiast

mamalou   0

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Filed: K-3 Visa Country: Philippines
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Our petition was already approved last week, now my husband want to file 1-130 petition for my 19 yo daughter, her name was included when we filed our 1-130 application before. My question is, Is it Ok to file for her now? If it is, then What are the requirements for her so I can send her docs to my husband ASAP. Can you help me guys?

The requirement for filing an I-130 for your daughter as his step-daughter is that your marriage took place before her 18th birthday. If it did, she can obtain a K4 visa and adjust status or obtain a CR2 visa and enter with conditional permanent resident status and you can ignore the next paragraph.

Otherwise, no I-130 filed by your husband can be approved. She can potentially obtain a K4 visa and come to the USA but her legal status would end on her 21st birthday. To stay beyond that time, she would need a student visa or other way to remain. She cannot adjust status based on a marriage that took place after her 18th birthday.

Oh ok Thanks for your advise push.

MARLO SY PARKER

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