Questions about bringing 13-year old stepchild to USA

[USARUS 0]

Hello everyone, My wife and I have followed visajourney for around two years. This is our first post. My wife entered the United States with a K-1 visa on April 1, 2009. We were married April 18, 2009 and we successfully adjusted her status shortly thereafter. Now, my wife's 13 year-old (& unmarried!) stepdaughter wants to follow to join us on a permanent basis in the United States. Based on what I've read, since we have passed the one-year window for following to join benefits, we will need to submit an I-130 to USCIS. Is this correct? If so, will she need to wait for a visa number or will she received preferential treatment as an immediate relative. We're also wondering if I, the U.S. Citizen, should file the I-130 or not. Finally, my stepdaughter has over a year on her multi-entry non-immigrant visa. She will be joining us for the summer. Is it possible for her to come to the United States on this non-immigrant visa and file the I-130 from here? Thanks for your help.

Edited April 14, 2010 by USARUS

[NArocks 13]

Hello everyone, My wife and I have followed visajourney for around two years. This is our first post. My wife entered the United States with a K-1 visa on April 1, 2009. We were married April 18, 2009 and we successfully adjusted her status shortly thereafter. Now, my wife's 13 year-old (& unmarried!) stepdaughter wants to follow to join us on a permanent basis in the United States. Based on what I've read, since we have passed the one-year window for following to join benefits, we will need to submit an I-130 to USCIS. Is this correct? If so, will she need to wait for a visa number or will she received preferential treatment as an immediate relative. We're also wondering if I, the U.S. Citizen, should file the I-130 or not. Finally, my stepdaughter has over a year on her multi-entry non-immigrant visa. She will be joining us for the summer. Is it possible for her to come to the United States on this non-immigrant visa and file the I-130 from here? Thanks for your help.

You can file while she is here, however I would suggest that she go back to her country and wiat for the interview there. There will be a misrepresentaion if she stays on her tourist visa and trys to remain in the US to adjust status.

My suggestion is get it filed now ( the USC ) as it will only take 9-12 months for her to come here legally. She will have a visa number available as she is the step child of a USC. You will need a letter from the father if he is alive when you get to the NVC stage stating that he allows his child to immigrate to the US to live permantly. It will need to be notorized.

Good Luck

[USARUS 0]

Thanks for the response. We have an infopass appointment on Monday. I will let everyone know if there is something new I learn about the situation.

[LIFE'SJOURNEY 970]

Hello everyone, My wife and I have followed visajourney for around two years. This is our first post. My wife entered the United States with a K-1 visa on April 1, 2009. We were married April 18, 2009 and we successfully adjusted her status shortly thereafter. Now,

my wife's 13 year-old (& unmarried!) stepdaughter

wants to follow to join us on a permanent basis in the United States. Based on what I've read, since we have passed the one-year window for following to join benefits, we will need to submit an I-130 to USCIS. Is this correct? If so, will she need to wait for a visa number or will she received preferential treatment as an immediate relative. We're also wondering if I, the U.S. Citizen, should file the I-130 or not. Finally, my stepdaughter has over a year on her multi-entry non-immigrant visa. She will be joining us for the summer. Is it possible for her to come to the United States on this non-immigrant visa and file the I-130 from here? Thanks for your help.

Can you clearify this, is it your wife's stepfdaugher, or is she your wife's daughter by birth, but your stepdaughter. The answer to your question will be different if it's your wife's step-daughter.

[USARUS 0]

I made a mistake with my original post.

She is my wife's 13-year old daughter from a previous marriage. She is my stepdaughter. We know we need to file an I-130 and everything that entails. However, we are not sure exactly when and how to proceed with the process.

We planned long ago for her to the summer with my wife and I here in the United States. She already has a multi-entry visa which allows this.

From what I understand, she will probably get an entry stamp for a 6 month visit at the Point of Entry.

Ideally, we would like her to enter on the tourist visa and then stay with us for the duration of the I-130 process. However, we're not sure if this is legal or not.

Of course, we're planning on doing everything legally which is the reason we set up an infopass appointment.