Petition for Stepchild while Spouse is AOS

[cHiQy 1]

Just one quick question ..

Is it ok for my USC husband to file for my daughter (his stepchild), 6 years old and currently in the Philippines, while I'm here in the US and my adjustment of status is still pending?

Your help will be much appreciated, thanks!

[NArocks 13]

Yes he can File the I-130 along with the marriage certificate and the Birthcertificate of the child. It does not matter that you do not have your GC yet. I filed for my husbands children at the same time I filed for my husband. My husband was already here in the US. Kids arrived about 10 months after I applied, it goes a little quicker now with all the shortcuts.

[NickD 203]

My wife and I wouldn't have it any other way, wouldn't leave my step daughter alone in a different country. They sat side by side in the plane coming over here. Have to file an I-130 for each one plus all that other stuff for the AOS. Fees kind of added up, but you cannot put value on a human life, only the USCIS can do that.

[cHiQy 1]

Thanks for the replies..

My plan is to go home after my GC got approved so that I will be with my daughter in the time of her interview..

Two last things to clear..

Can my husband appoint me as his agent at the DS 3032 eventhough I'm in the U.S and the beneficiary (my daughter) is in different country?

If so, am I would also be the one who's going to fill up the DS 230? (b/c my daughter is only 6 yrs. old)

[TayRivers 4]

Thanks for the replies..

My plan is to go home after my GC got approved so that I will be with my daughter in the time of her interview..

Two last things to clear..

Can my husband appoint me as his agent at the DS 3032 eventhough I'm in the U.S and the beneficiary (my daughter) is in different country?

If so, am I would also be the one who's going to fill up the DS 230? (b/c my daughter is only 6 yrs. old)

You would be the agent for your daughter not for your husband.

[cHiQy 1]

oh ye, ye, right

So I would also be the one to sign in behalf of my daughter right?

[NickD 203]

More confusion, at least for me in dealing with two different USA agencies, DOS and the USCIS. Correct me if I am wrong, DOS is in charge of issuing visa's so the person can legally come here, following all of the guidelines of course, again the marital status, age, and relationship to the petitioner is an issue. The person receiving the visa must also have a passport from the home country. And further limitations exist as to which country this person is from.

Bottom line is the the person you intend to come in requires a passport from the home country and a visa, if required, from the USA DOS.

http://travel.state.gov/visa/immigrants/info/info_3190.html

Is the instruction sheet for the DS-230

Maybe I read it to quick, not even sure what to do with this form after you fill it out, is there a fee involved? Always a fee. Okay, I see you can e-mail this form to NVCINQUIRY@state.gov. Form can be downloaded at http://www.state.gov/documents/organization/81807.pdf.

"Who completes the forms Each family member that is eligible to travel to the United States with the applicant under this visa classification is required to complete the DS-230 Part I and Part II"

Kind of twists my brain.

This part hits home for us.

"Custody Documentation

In support of the Immigrant Visa Petition for Alien Relative, the adoptive parent and/or petitioner must provide:

1. A certified copy of the adoption decree;
2. The legal custody decree; if custody occurred before the adoption;
3. A statement showing dates and places where child resided with the parents; and
4. If the child was adopted while aged 16 or 17 years, evidence that the child was adopted together with, or subsequent to the adoption of, a natural sibling under age 16 by the same adoptive parent(s)."

Step daughters' biological father used the physical custody requirement for my wife to blackmail her for her daughter, even though he was eight years behind in child support payments. To complicate issues, he moved to a different country, had to be located, then quite a legal battle. We had to provide all the original documents to the USCIS with certified translations of it. That was a battle, but in no way did my wife want to leave her daughter alone in her home country. Hope the OP's child is free to come here without all that.

I assume the DS-230 is just a visa to bring the child here, then the step father can petition with the I-130/I-485 plus the rest of the forms. I wonder how the wife came here in the first place and why her child couldn't come with her.

All this was way too complicated for me, found the best US immigration attorney I could find and let him deal with all these forms, several different ways to do it and depending on the country, one is the best way. Only 201 different countries to deal with, can really get confusing. Besides, I had to work overtime to pay for all of this. Was worth it though, great wife and step daughter.