Filing for Step daughter after I've already filed I-130 for husband.

[Wake22 2]

I'm a USC and I filed a I-130 for my husband in July 2013. When we filed we did not list his daughter as wanting or needing to immigrate along with her father. Now things have changed and she can no longer live with her mother. The original plan was to wait and file a petition for her after her 18th birthday if she decided she wanted to live in the US but now it would be better if she could just immigrate with him. My question is, can I change the I-130? It has just been transferred to NSC and we have not received our NOA2 yet. Or is it too late and we have to file a separate I-130 for her after my husband gets his visa? I've tried to search for the answers but I'm not finding the answers I need. I hope someone can help. Thank you so much!

[jan22 3,064]

There are no derivative visas for children/step-children of an IR-1 (spouse of U.S. citizen). The daughter must have her own I-130 petition filed, with all fees paid, documents, etc. prepared separately. You don't have to wait for his visa to be processed, though -- you can do it as soon as you want/can.

[Wake22 2]

Thank you for taking the time to answer my questions.

[jan22 3,064]

No problem -- forums like this exist so we can help each other. By the end of your process, you can become one of the ones who answer other people, since working your way through it frequently makes you a legal researcher!

[jan22 3,064]

BTW -- should have asked this, since it might affect what I said earlier. How old is your stepdaughter? For you to file for her, she had to be under the age of 18 when you married her father (i.e., you had to become her stepmother before she was 18). If she wasn't, then the only option is to wait until your husband immigrates and have him file for her.

See what I meant about needing to be a legal researcher -- there are SO many variables!

[Wake22 2]

Yes I see. lol

She is only 16 and was only 15 when we married.

Thank you again. I'm glad there are people like you that already know some of the answers.