Bringing Stepdaughter Born Out of Wedlock

[Harmon-y 32]

I am getting ready to file an I-130 for my stepdaughter who was born out of wedlock. The case is also special because my husband has a case pending separately (it has been pending for 3 years and we want to bring her to the US quicker- I read it can take 6-12 months only for children). I am including the following in my file to send:

Form I-130 Petition for Alien Relative, Money Order in the amount of $420.00, Copy of my passport, Copy of Marriage License to my husband, Copy of Birth Certificate for Stepdaughter (evidence she was not yet 18 when we married AND her father's name is listed as father on the certificate), evidence my husband has a relationship with her (copies of MoneyGram receipts for several years, affidavit from her mother, and from her grandmother agreeing a relationship has been maintained), evidence my relationship with my husband is real (marriage license, birth certificate of our child with his name listed, lease agreement, and affidavit from my mother agreeing we are really marred) , a notice of consent for my stepdaughter to come here from her mother, and passport style photos of both of us.

My questions are:

I heard that sometimes USCIS will give you a hard time when you are petition for a stepchild when the father does not have papers yet (he is filing a I-589 which he CAN put her on but as I said it is taking years and years). How will they give me a hard time? Will I be denied a visa for her because of this?

Do I need to provide evidence I specifically have a relationship with her? (ie money orders for her in my name) or is her father's relationship with her and my relationship with him sufficient?

Is there anything I am forgetting? This seems to simple but technically I seem to have everything. I am a US citizen petitioning for my stepchild who was under 18 when her father and I wed and she is still only 13.

Because her father and her mother were never married, I can not provide any evidence they divorced. Do I need to write something up explaining they never married?

Thank you - any advice is helpful!!

[Kathryn41 3,205]

Topic has been moved from Bringing Family Members of Permanent Residents to the US to Bringing Family Members of US citizens to America as the OP is petitioning her step-daughter and is better answered in this forum.

[Harmon-y 32]

Apparently I am one of the few with this type of case. But in case anybody else is out there - FYI I met with a lawyer who was giving some free advice at Consulate of El Salvador. She told me that I am just fine to petition for my stepdaughter regardless of a pending case on my husband. I am getting all my papers together for the I-130 still but I will keep my timeline posted.

[NigeriaorBust 4,087]

To petition a step child

You must have married their bio parent before they turn 18

You must prove the marriage before the deadline

You must prove the bio relationship

You must have permission for the otehr parent to bring the child or have sole custody of the child