Petition for 18 plus stepdaughter

[Netgun777 0]

Hi guys

^{I need your help with my filing and process. I read all there is and it is scary to learn.}

^{We are at 40’s and I married my wife few weeks ago in US. She entered the US with B2 and is still legal here. I want to file I-130 together with I-485 so we can start more normal Life. I think I get the picture how to handle my wife’s million papers. If you be so kind please and please add more I would be greatful too. I am unsure however if I interpret my stepdaughter’s case.}

^{I think when a stepchild is over 18th post my marriage and unmarried I cannot petition for her together with my spouse. My stepdaughter lives outside of US and her 18th birthday was 3 months before I married her mother. She is in possession of B2 10 year visa and visited once before. How can we possibly bring her into US in this situation? Is this even possible ? If so what would you suggest we do a and how long do cases like that take ? Can I petition for her now or wait until her mother gets processed ?}

^{Your help is appreciated so much}

^{Thank you}

[NigeriaorBust 4,087]

You can not file for her period. Your wife can as an LPR file, but she ( the daughter) must stay unmarried until a visa number is available. She can NOT use a visitors visa to come and adjust as that is immigration fraud and the girl could be banned for life. Your wife's petition once she has a green card will take a few years. If your wife used a visitors visa with immigrant intent she could also be banned for life.

[apple21 953]

You cannot petition for her, as a step-parent.

Once her mother gets her green card, she can file for her daughter. Daughter will be under the F2A category (Unmarried Child below 21 of LPR). Waiting time can take more or less a year, depending on the movement of the Visa Bulletin.

Daughter can visit BUT she cannot stay and adjust status. FYI, overstays are NOT forgiven for relatives of LPRs.

Edited October 26, 2013 by apple21

[Boiler 45,500]

Have you discussed this with her, what does she want to do?

[Cathi 5,748]

Did you have the intent to marry your wife before she entered on her b2?

[Boiler 45,500]

Not relevant to the topic.

[aleful 1,905]

hi

unfortunately as others have said, you are out of luck by just a few months. for a stepparent to be able to file for a stepchild, the marriage had to take place BEFORE his or her 18th birthday, she missed it by a few months, so you cannot file for her

when her mother becomes a LPR, she can file for her daughter.

[milimelo 4,478]

Should've done fiancee visa - child up to 21 could've come as K-2...

Now mother can file for the child under 21 once she gets her green card.

[Netgun777 0]

Guys,

First of all, I love your help and sharing your knowledge. It is literally like having a bunch of immigration lawyers responding. Thank you so much.

As I have been USC for 25 years I see more and more unreasonable laws introduced. I still wander who comes up with them. It is not fair to treat people like this in such fundamentally great country. Did we forget the family values here? I am convinced many of you agree too. It is just unfair to daughter and mother to now stay separated just because mom wants to have normal life. Oah – now I am a candidate for anger management class I guess … (-;

As you all confirmed I interpret this crazy rule respecting a child and stepchild definition properly.

I also agree with you that I met stepdaughter’s mom 3 months too late. Lucky me…

The stepdaughter is now finalizing her school in Poland and dreams of moving to take college in the US. She wants to come here too to be part of the family. I am sure she will be devastated to learn the beauty of this rule. I am just about to file her mom’s I-130 and I-485 together and start praying our government does not shut down entirely. I recognize that forms and documents must be perfect or this will take even longer. How long do you think a filing for a spouse takes before she gets a chance to become LPR ?

Do I need to specifically watch for something tricky in the process or just making sure that forms are all crossed and dotted 100% perfect is enough ?

Again – thank you all for sharing your thoughts

[NigeriaorBust 4,087]

This process can be insane at best and is very unfair. It separates those of us from non favored countries for YEARS and doesn't even give recourse when immigration are the ones that totally get it wrong. Like any law someone picks a date. Is a child more mature at 21 than at 20 and 364 days. It is just a date/age. For me ignoring the law was not an option as it was for you. Every once in a while someone gets caught up by filing AOS from a B2 but it is not the norm.

[Boiler 45,500]

SHe doesn't have to be separated from her Daughter, it is her choice.

[Netgun777 0]

Thank you guys - I appreciate your help and reply.

[kzielu 1,149]

The stepdaughter is now finalizing her school in Poland and dreams of moving to take college in the US.

No idea why she dreams about it - she can get very good education back in Poland essentially for free and not pay student loans for next 10 years after graduation. I am actually seriously thinking about sending my daughter (US-born) to Poland for college (since she is entitled to Polish citizenship) as I am not looking forward to pay insane tuitions just so everybody can enjoy college football on Saturdays... (btw - I watch it too ;-) ).

[Boiler 45,500]

Perhaps she dreams of her step father paying for it.

There is always a Student Visa, she should look at that.

[Netgun777 0]

Hi Kdzielu,

You certainly have a point in considering European education for your daugther to explore. Quite honestly it works well providing that you fully legalize her citizenship and residency requirements in Poland so they authorize and enroll her into the Polish based University. My point of view is that some fields and majors are certainly much more valueble in Poland than others. My stepdaughter wishes to explore theatre and programs in this specific field are just not so great or have very little future. Medical fields are for instance are not bad at all but need to be taken in serious institution where retaking exams in US is not required. You should maybe explore this resource http://www.cm-uj.krakow.pl/en/medschool.php or https://international.uni.wroc.pl/en and see if your lady likes medicine. Few more fields may be worth attention for education in Poland and even paying for part unpaid by scholarship and sponsors tuition is signifantly less than US based education. There is also student exchange program you may want to dig for more info at http://www.isep.org/. I have no doubts this may work well for some kids but is certainly not a solution to all kids this days.

Some programs by nature of the field itself are just not better elsewhere than here in US. I know as I retrained and you are right - I was paying off my school for 10 years as well.

In aviation for instance Europe was not a place to gain training and unfortunately it is is one of the fields where kids just get what they need in US instead of other parts of the world.

In respect to Boiler's point of view - my opinion is slightly different. Kids may or may not depend on parents or spouse's partners when it comes to paying for schools. Getting it however is not so simple. Not every one of us can afford the thousands of tuition paid for college. No one paid of my education and I personally believe that there are programs, plans and scholarships where hardworking kid will get what they want for much less than originally disclosed. Yes - there are kids getting it all paid retail by parents in some cases but there are oportunities for talented and kids with character. One of the major universities in Chicago finances year of great program for talented student reducing costs of tuition from 32 k per year down to 11 k. Go figure.

I wish it was like that 20 years ago.

F-2 student visa is already on my attention as probably nothing else is now available to my stepdaugther. Non of us intend to break, even crazy laws and this may work for her as she explores future in theater and acting.

Thanks again for guidance and sharing your thouhts