Bringing Brazilian daughter to America

[Carlete 0]

Hello everyone! I thank everyone in advance for their shared feedback and insight. I am a permanent resident of the United States and my husband is a United States Citizen. We have a daughter who is a toddler and also a United States Citizen. I also have another daughter, who is biologically mine, but my husband's step daughter, who lives in Brazil with my mother. Obviously she is Brazilian. She is 14 years old. She has her Brazilian passport but has never applied for any type of United States visa. In fact, I just finished my permanent residency process here in America and have my green card. The plan was for my daughter to remain another couple of years to finish a level of her school, but plans have changed. We'd like to bring her over ASAP now.

My questions, and they are many...sorry!...where do I begin the process? Do I fill out an I-130, and who needs to fill it out? Should I or my husband (again, who is a U.S. Citizen)? Also, am I correct in assuming that this will go through the U.S. Embassy in Brasilia, and is there any way to expedite this process since she is a minor and I am her mother with legal permanent residency in America, and my husband also being a United States Citizen? Also, assuming that she will then go to the U.S. Embassy to finish processing, who will need to be present since she's a minor? Me alone? Or does my husband have to be present? And will she receive a visa on the spot to return to America with me? I'd hope hope I wouldn't have to go there for the interview, come back to America, then fly back to escort her to America.

I know I asked lots of questions and you've all probably read these many times, so I do apologize. But I would greatly appreciate your insight!

Yes, I would appreciate any detailed response because I fully understand this can be a slow process and I don't want to send in any wrong forms or step out of proper procedure.

Thank you so much!

Carlete

Edited April 4, 2012 by Carlete

[ISIS AND TROY 5]

Hello!

Before I answer you, may I ask a question?

Who is going to petition your daughter? You (LPR) or your husband (USC)?

If that is you, you will have to wait till a visa becomes available, that means a few years...if it's your husband than it might take the average processing time 8-10 months.

[Carlete 0]

Hello!

Before I answer you, may I ask a question?

Who is going to petition your daughter? You (LPR) or your husband (USC)?

If that is you, you will have to wait till a visa becomes available, that means a few years...if it's your husband than it might take the average processing time 8-10 months.

Thank you so much for the reply "Isis and Troy!" Since I'm presently a CR-6 status, my husband will do it. My guess is he'd have to submit the I-130 form but there is no place on it to state that she is his step daughter and my daughter. So I'm confused as to where to start the process. :/

Anyway, any help or tips, thanks so much!

Edited April 4, 2012 by Carlete

[aaron2020 11,651]

Hello everyone! I thank everyone in advance for their shared feedback and insight. I am a permanent resident of the United States and my husband is a United States Citizen. We have a daughter who is a toddler and also a United States Citizen. I also have another daughter, who is biologically mine, but my husband's step daughter, who lives in Brazil with my mother. Obviously she is Brazilian. She is 14 years old. She has her Brazilian passport but has never applied for any type of United States visa. In fact, I just finished my permanent residency process here in America and have my green card. The plan was for my daughter to remain another couple of years to finish a level of her school, but plans have changed. We'd like to bring her over ASAP now.

My questions, and they are many...sorry!...where do I begin the process? Do I fill out an I-130, and who needs to fill it out? Should I or my husband (again, who is a U.S. Citizen)? Also, am I correct in assuming that this will go through the U.S. Embassy in Brasilia, and is there any way to expedite this process since she is a minor and I am her mother with legal permanent residency in America, and my husband also being a United States Citizen? Also, assuming that she will then go to the U.S. Embassy to finish processing, who will need to be present since she's a minor? Me alone? Or does my husband have to be present? And will she receive a visa on the spot to return to America with me? I'd hope hope I wouldn't have to go there for the interview, come back to America, then fly back to escort her to America.

I know I asked lots of questions and you've all probably read these many times, so I do apologize. But I would greatly appreciate your insight!

Yes, I would appreciate any detailed response because I fully understand this can be a slow process and I don't want to send in any wrong forms or step out of proper procedure.

Thank you so much!

Carlete

It will be better for your US citizen husband to file for your daughter. As an LPR, it will take 2-3 years for you to petition for your daughter.

If you did a K-1, you have 1 year after the K-1 issued to pursue a K-2 follow to join visa for your daughter. She will need to adjust her status when she gets to the US. She will get a conditional green card if you have been married for less than 2 years, and she will need to remove the condition 90 days before her green card expires (she cannot remove condition with you since she will get her green card more than 90 days after you got your green card). I have no idea how long the K-2 process will be because I have no idea if the US Embassy still has your K-1 case file. How long for the K-2 will depend on finding the file and local waits for interviews at the US Embassy.

Alternatively, he can file an I-130 petition. It will take 6-12 months. Your daughter automatically gets a green card when she enters. If she enters before your 2nd anniversary, then she will get a conditional green card.

You can ask for an expedite. Hopefully you will get it.

Edited April 4, 2012 by aaron2020

[Carlete 0]

It will be better for your US citizen husband to file for your daughter. As an LPR, it will take 2-3 years for you to petition for your daughter.

If you did a K-1, you have 1 year after the K-1 issued to pursue a K-2 follow to join visa for your daughter. She will need to adjust her status when she gets to the US. She will get a conditional green card if you have been married for less than 2 years, and she will need to remove the condition 90 days before her green card expires (she cannot remove condition with you since she will get her green card more than 90 days after you got your green card). I have no idea how long the K-2 process will be because I have no idea if the US Embassy still has your K-1 case file. How long for the K-2 will depend on finding the file and local waits for interviews at the US Embassy.

Alternatively, he can file an I-130 petition. It will take 6-12 months. Your daughter automatically gets a green card when she enters. If she enters before your 2nd anniversary, then she will get a conditional green card.

You can ask for an expedite. Hopefully you will get it.

I appreciate you replying! I am a CR-6 status. My husband and I actually married in America about a year before, but were living in Brazil. I had entered the country on a tourist visa. So I did my immigration processing in the America. Our move to America was quite a bit sooner than expected due to my husband's employment, that's once reason my daughter stayed in Brazil for another couple of years.

[Carlete 0]

It will be better for your US citizen husband to file for your daughter. As an LPR, it will take 2-3 years for you to petition for your daughter.

If you did a K-1, you have 1 year after the K-1 issued to pursue a K-2 follow to join visa for your daughter. She will need to adjust her status when she gets to the US. She will get a conditional green card if you have been married for less than 2 years, and she will need to remove the condition 90 days before her green card expires (she cannot remove condition with you since she will get her green card more than 90 days after you got your green card). I have no idea how long the K-2 process will be because I have no idea if the US Embassy still has your K-1 case file. How long for the K-2 will depend on finding the file and local waits for interviews at the US Embassy.

Alternatively, he can file an I-130 petition. It will take 6-12 months. Your daughter automatically gets a green card when she enters. If she enters before your 2nd anniversary, then she will get a conditional green card.

You can ask for an expedite. Hopefully you will get it.

Aaron, thanks! Wow, what a complete response. So I'm correct in having my husband fill out the I-130. As I mentioned to someone else here, the strange thing is that on that I-130 there's no place for him to state that she is his step daughter and that I am his immigrant wife. I guess I can assume that they'll put two and two together and when they run his name then all of our data and my case will come up. Is there anything along with the I-130 that you are aware of or should I just send that in initially and wait for USCIS to contact me?

[aaron2020 11,651]

Aaron, thanks! Wow, what a complete response. So I'm correct in having my husband fill out the I-130. As I mentioned to someone else here, the strange thing is that on that I-130 there's no place for him to state that she is his step daughter and that I am his immigrant wife. I guess I can assume that they'll put two and two together and when they run his name then all of our data and my case will come up. Is there anything along with the I-130 that you are aware of or should I just send that in initially and wait for USCIS to contact me?

NO. First, read the Guides on this forum. Then, read the instructions for Form I-130. You need to send in supporting documents with the I-130.

USCIS is not going to "put two and two together." That is your job.

Proving that your stepparent/stepchild relationship was established before the child's 18th birthday is easy;

1. US citizen provides photocopy of his US passport to prove he is a US citizen.

2. US citizen provides his marriage certificate which prove he is married to you, the mother.

3. Your child's birth certificate proves you are the mother.

Together, these three documents tell a story - US citizen married mother before child's 18th birthday which allow him to petition for her.

[Carlete 0]

NO. First, read the Guides on this forum. Then, read the instructions for Form I-130. You need to send in supporting documents with the I-130.

USCIS is not going to "put two and two together." That is your job.

Proving that your stepparent/stepchild relationship was established before the child's 18th birthday is easy;

1. US citizen provides photocopy of his US passport to prove he is a US citizen.

2. US citizen provides his marriage certificate which prove he is married to you, the mother.

3. Your child's birth certificate proves you are the mother.

Together, these three documents tell a story - US citizen married mother before child's 18th birthday which allow him to petition for her.

Will do! Thanks for the information, Aaron.

Edited April 4, 2012 by Carlete

[ISIS AND TROY 5]

Thank you so much for the reply "Isis and Troy!" Since I'm presently a CR-6 status, my husband will do it. My guess is he'd have to submit the I-130 form but there is no place on it to state that she is his step daughter and my daughter. So I'm confused as to where to start the process. :/

Anyway, any help or tips, thanks so much!

Ok, so assuming your husband is a USC, he will have to file for her. I had to look back at my children's I-130 (my husband filed for me and for both of them at the same time) and the part A (Relationship), box 1, he checked "Child".

Here you have a list of what I sent in their files:

1)Cover Letter signed by petitioner and dated;(it has to state "Enclosed please find Form I-130, Petition for Alien Relative, for my step-child (YOUR DAUGHTER'S FULL NAME)and the following supporting documents (in order)" plus all other sayings of a Cover Letter;

2)Form G-1145, E-Notification of Application/Petition Acceptance

3)Form I-130, signed just part E of the page #2 by the petitioner, don’t sign part F if you prepared the I-130 by yourself;

4)2 passport style pictures of the child; write the child’s full name in the back of the photos and put them in a ziplock bag, write the child’s full name on the ziplock bag as well;

5)Alien Child's Birth Certificate, long version (copy)(will prove she is your biological child)

6)2 passport style pictures of the petitioner; write the petitioner’s full name in the back of the photos and put them in a ziplock bag, write the petitoner’s full name on the ziplock bag as well;

7)Copy of the Marriage Certificate for Petitioner and parent of Beneficiary.(will prove she is his stepdaughter)

8)Petitioner's Proof of U.S. Citizenship (colored copies of ALL passport pages are the best, but it can be his birth certificate too);

My children are 8 and 5 years old, but as long as your daughter is 14yo, I'm not sure if she would need a form G-325A in her file. Also, the immigrant visas are processed in Rio only, it means her interview will be there.

If you have other concerns, let me know!

Good luck!!!

[Carlete 0]

Ok, so assuming your husband is a USC, he will have to file for her. I had to look back at my children's I-130 (my husband filed for me and for both of them at the same time) and the part A (Relationship), box 1, he checked "Child".

Here you have a list of what I sent in their files:

1)Cover Letter signed by petitioner and dated;(it has to state "Enclosed please find Form I-130, Petition for Alien Relative, for my step-child (YOUR DAUGHTER'S FULL NAME)and the following supporting documents (in order)" plus all other sayings of a Cover Letter;

2)Form G-1145, E-Notification of Application/Petition Acceptance

3)Form I-130, signed just part E of the page #2 by the petitioner, don’t sign part F if you prepared the I-130 by yourself;

4)2 passport style pictures of the child; write the child’s full name in the back of the photos and put them in a ziplock bag, write the child’s full name on the ziplock bag as well;

5)Alien Child's Birth Certificate, long version (copy)(will prove she is your biological child)

6)2 passport style pictures of the petitioner; write the petitioner’s full name in the back of the photos and put them in a ziplock bag, write the petitoner’s full name on the ziplock bag as well;

7)Copy of the Marriage Certificate for Petitioner and parent of Beneficiary.(will prove she is his stepdaughter)

8)Petitioner's Proof of U.S. Citizenship (colored copies of ALL passport pages are the best, but it can be his birth certificate too);

My children are 8 and 5 years old, but as long as your daughter is 14yo, I'm not sure if she would need a form G-325A in her file. Also, the immigrant visas are processed in Rio only, it means her interview will be there.

If you have other concerns, let me know!

Good luck!!!

Thank you, thank you and THANK YOU! I have no further questions and appreciate your kindness and help. I'm a missionary and will be praying for you and your family. Outra coisa, eu sou Paraense, tambem! =)

Edited April 4, 2012 by Carlete

[ISIS AND TROY 5]

Thank you, thank you and THANK YOU! I have no further questions and appreciate your kindness and help. I'm a missionary and will be praying for you and your family. Outra coisa, eu sou Paraense, tambem! =)

You are WELCOME!

I will pray for you as well, and keep me updated of your case. And again, let me know any other doubts you have!