Minor Step Child of US Citizen or Minor Child of US Resident

[kennym 275]

All

I have a question regarding petitioning for my Wife's daughter.. My wife is currently a US Resident with a 2 year GC..

2 years ago, my wife arrived in the US as a K1 Beneficiary.. although we included my wife's daughter on the original K1 Petition, we could not obtain the fathers permission to allow the daughter to leave Colombia.. The Derivative Visa Eventually expired.

We've since have worked it out and will have the permission for the daughter to travel.. At this point, what is the best way to get a visa for the daughter? Do we submit the 1-130 with me as the petitioner for a stepchild? Should my wife submit the I-130 Petition as a Permanent Resident petitioning for her minor child? which is the best route to go? My wife's ROC process starts in about 2-3 months.. she currently has a 2 year GC which expires in June 2013, we are going to submit the ROC in March...

Thanks all for your help//

Edited January 16, 2013 by kennym

[Darnell 8,479]

USCitizen Files the I-130 for the step-child.

Good Luck !

[kennym 275]

USCitizen Files the I-130 for the step-child.

Good Luck !

Awesome.. thanks Darnell.. What will be the status on her arrival? will we need to file for Adjustment or ROC? we she already have LPR Status?

this seems a little confusing..

Edited January 16, 2013 by kennym

[Darnell 8,479]

i think IR-2 status, if you two have been married more than 2 years at the interview date at the IV unit.

IR-2 folks get a 10 year card after POE, no additional paperwork required after crossing into the USA.

Edited January 16, 2013 by Darnell

[kennym 275]

i think IR-2 status, if you two have been married more than 2 years at the interview date at the IV unit.

IR-2 folks get a 10 year card after POE, no additional paperwork required after crossing into the USA.

Thanks Darnell.. As always, you're very helpful.. I appreciate it..