Step-Daughter

[Dave&Ita 0]

So here's a situation. My wife came over with her 7 year old daughter on a K1 Visa. They have both been here for 8 months. We were married in July and and they now have their Green cards, no problem.

The Ex and the Step-Daughter

When my wife married the first time, her ex had a 12 year old daughter already. My wife raised her and the daughter stayed with her even after the divorce. We did not try to bring her (she is 17 now) over with us on the K1 Visa because the ex would not give permission for her to travel and refused to release the birth certificate, etc. The step-daughter stays with family friends right now.

Well, the ex has changed his mind and the 17 year old (unmarried) daughter now has a passport and permission from the ex (biological father) to come here.

- Can we apply for and bring her over?

- What form(s) do we need to submit?

- What proof, if any, will we need to provide to show the step-daughter relationship to my wife?

- What issues might cause the US to say no?

[NigeriaorBust 4,087]

The divorce terminated the step parent relationship so I don't think there is a path for her to come.

[BinhJerome 14]

The only way it could be done is if your wife adopted her, and this would raise red flags as to why it was done AFTER she came to the US. This one really sounds like fraud, they are hoping to get the stepdaughter here then possibly the father shortly after. There might be some legal loop hole somewhere, but since she is not biological it is very doubtful unless you were to adopt her. Jerome

[VinhBao MyTam 3]

Of course Indonesia could be a whole different ball game.

[BinhJerome 14]

Of course Indonesia could be a whole different ball game.

Not really, maybe less fraud, but the facts are the facts the stepdaughter has NO blood relation to either of them, and she is very clost to 18 years of age. All of these factors point to the fact that this is very likely just a way to get her into the US before she turns 18 which is somewhat fraudulent and could/would bring red flag issues in any country that the visa was applied for. It just looks a bit fishy to me that before it was "Nope she isnt going there" to now "Ok, please bring my daughter who is not related to you in any way to the US, I have thought about it and she is almost 18 so you can take her there" I know it wasnt said like that but that is what it looks like to me as an observer looking at the entire picture

[VinhBao MyTam 3]

I agree Jerome that it will probably be an issue. That was more my subtle way of wondering why it is in the Vietnam forum, when they could probably get a better answer in another forum. Since VN is high fraud, everything is stricter and I would think 100% no in Vietnam, whereas with an adoption maybe only 99% no elsewhere.

[luckytxn 2,265]

There are other places on this site where the same things are being said so a search may be in order but I did a quick find and got this.

Edit: Under US immigration law. This is from 9 FAM 42.21 N9 (the State Dept manual for visas available on-line at travel.state.gov: A stepparent or stepchild may confer or derive immigrant status even when parties to a marriage creating the stepparent/stepchild relationship have legally separated provided the family relationship has continued to exist between the stepparent and stepchild.

NOTE: The stepparent-stepchild relationship must have been established prior to the stepchild's 18th birthday

So far they seem to qualify in this way but of course it would have been easier when the petitioning was done on the originally bringing the step mother here and I am sure it will be harder now that the original petition is satisfied.

This is in the wrong forum for this so I suggest to do a search in the proper forums for the answers.

[JimVaPhuong 4,863]

There are other places on this site where the same things are being said so a search may be in order but I did a quick find and got this.

Edit: Under US immigration law. This is from 9 FAM 42.21 N9 (the State Dept manual for visas available on-line at travel.state.gov: A stepparent or stepchild may confer or derive immigrant status even when parties to a marriage creating the stepparent/stepchild relationship have legally separated provided the family relationship has continued to exist between the stepparent and stepchild.

NOTE: The stepparent-stepchild relationship must have been established prior to the stepchild's 18th birthday

So far they seem to qualify in this way but of course it would have been easier when the petitioning was done on the originally bringing the step mother here and I am sure it will be harder now that the original petition is satisfied.

This is in the wrong forum for this so I suggest to do a search in the proper forums for the answers.

INA 101(b)(1)(b) defines a step-child as the natural offspring of the step-parent's spouse. 9 FAM 42.21 is referring to the step-child of a US citizen, and not the step-child of an alien beneficiary. There will be no step-parent relationship between the petitioner and the daughter. She's not eligible as a derivative. It would be different if the OP's fiancee adopted her.

[Dave&Ita 0]

First off, I am not trying to commit or even consider fraud. If there is no way, then there is no way, and we'll have to drop it.

I am exploring options for my Indonesian wife and a step-daughter that lived with my wife since she was 12 years old. The daughter never moved back to live with the ex and did live with my wife up until she came to the US last June. She is Ibu (Mother) and

The ex was adamant that the 17 year old would never leave the country, and this being Indonesia, he has the final word. Leaving it to the power of a 17 year old girl to change his mind.

Sorry, I didn't mean to post this in the Vietnam sub-forum. Can it be moved somewhere more appropriate?

[Anh map 2,098]

*Moved from Vietnam regional forum to Bringing Family Members of LPR forum*

[BinhJerome 14]

First off, I am not trying to commit or even consider fraud. If there is no way, then there is no way, and we'll have to drop it.

I am exploring options for my Indonesian wife and a step-daughter that lived with my wife since she was 12 years old. The daughter never moved back to live with the ex and did live with my wife up until she came to the US last June. She is Ibu (Mother) and

The ex was adamant that the 17 year old would never leave the country, and this being Indonesia, he has the final word. Leaving it to the power of a 17 year old girl to change his mind.

Sorry, I didn't mean to post this in the Vietnam sub-forum. Can it be moved somewhere more appropriate?

I never said YOU were trying to commit fraud, read what I was saying closer. To me it sounds like fraud because it was no then ohh yeah she can now go. Most people do not want to hear bad things like this, because they are blinded by love. If this were not you and you were on the outside looking in and saw what we all saw I am sure you would also think something MIGHT be fishy, maybe there is no fraud intended at all, maybe the father realized that it would simply be a better life for his daughter in the US. There are lots of things that it could be. But to once again answer your question your wife would have to adopt her, it would have also been much easier if it had been done prior to her being in America, but still possible if she can hurry and get the paperwork done before she turns 18 and then get your visa applicaiton and interview in also before she turns 18, honestly I think it is far too late for her to come as a daughter/family member, but if she can get past any intrance exams for school, you might be able to sponser her for a student visa and at least get her over there to go to school. Jerome

[NigeriaorBust 4,087]

She is too old to adopt , you have to adopt before 16. And the parents aren't legally separated, they are divorced. If only legally separated there is still a marriage but then she would be married to the USC and this wouldn't be a problem.

[Boiler 46,144]

She is too old to adopt , you have to adopt before 16. And the parents aren't legally separated, they are divorced. If only legally separated there is still a marriage but then she would be married to the USC and this wouldn't be a problem.

Yep

My thought was that it sounds like she has 2 parents living, but being over 16 knocks it out anyway.

[Jojo92122 1,924]

There is absolutely nothing you or your wife can do to help the 17 years old child immigrate to the US.

When your wife divorced her first husband, it ended the legal stepmother/stepchild relationship. Your wife never adopted the child. Your wife and this child has no legal relationship that would allow your wife or you to petition for this child.

Although your wife may consider this girl as her daughter. She never took the opportunity to make it legal by adopting the child. It's too late now.

[Dave&Ita 0]

There is absolutely nothing you or your wife can do to help the 17 years old child immigrate to the US.

When your wife divorced her first husband, it ended the legal stepmother/stepchild relationship. Your wife never adopted the child. Your wife and this child has no legal relationship that would allow your wife or you to petition for this child.

Although your wife may consider this girl as her daughter. She never took the opportunity to make it legal by adopting the child. It's too late now.

Ah well, thanks everyone. It was worth asking to have an answer one way or the other.