AOS For Step-Daughter From A Tourist Visa

[rkair 0]

Hello,

I have submitted a I-130 petition for both my wife and step-daughter. They will be visiting in about a month on their tourist visa (assuming no problem at POE) , and returning within their allotted time. I have no intent to have them AOS and have not ever mentioned it to my wife. However, should circumstances change after they have arrived in the country on their tourist visa and it is something I look at, how would it apply to my step-daughter? I know I would file an AOS for her also, but where does the parental permission of her father in her country come into play? Is it permissable to have him prepare and send this document to my wife in the USA? Would it be submitted with the I-485 or do you bring it to the AOS interview? Is there a time frame it would have to be signed, or can it be signed by him one day and it would be valid for a year and we bring it to the interview?

If anybody has any experience with this I would greatly appreciate your feedback. Thanks!

[HollyGolightly 72]

"I have no intent to have them AOS and have not ever mentioned it to my wife. However, should circumstances change after they have arrived in the country on their tourist visa and it is something I look at, how would it apply to my step-daughter? I know I would file an AOS for her also, but where does the parental permission of her father in her country come into play?"

Mere mention of the possibility belies the intent to AOS which is fraud and could carry a ban. I would give any remote possibility of doing this a second (third or even a fourth) look before making andy brash decisions.

Hypothetically-- if they are able to enter on B2 and not otherwise turned away at the border, a concurrent application for your wife should benefit your step daughter. You would have to apply for both of them concurrently.

[rkair 0]

"I have no intent to have them AOS and have not ever mentioned it to my wife. However, should circumstances change after they have arrived in the country on their tourist visa and it is something I look at, how would it apply to my step-daughter? I know I would file an AOS for her also, but where does the parental permission of her father in her country come into play?"

Mere mention of the possibility belies the intent to AOS which is fraud and could carry a ban. I would give any remote possibility of doing this a second (third or even a fourth) look before making andy brash decisions.

Hypothetically-- if they are able to enter on B2 and not otherwise turned away at the border, a concurrent application for your wife should benefit your step daughter. You would have to apply for both of them concurrently.

I definitely appreciate your feedback. I'm not doing anything beforehand to suggest intent, they've already visited twice on their tourist visa with no problems, and fortunately, from everything I have read here, intent is not solely justifiable to deny AOS unless in conjuntion with something terribly illegal, which is not even remotely close to our reality.

I'm familiar with the process of applying...I was looking for information about having a document with the fathers permission allowing her to immigrate here if circumstances change. There will not be any problem with his consent. Just curious about the requirement or logistics while she is here and doing an AOS.

[HollyGolightly 72]

How old is the child and who has legal custody? I think if your wife has legal custody and has proof or a document that shows this you can easily file a petition for your step child without need of permission from the biological father.

[rkair 0]

How old is the child and who has legal custody? I think if your wife has legal custody and has proof or a document that shows this you can easily file a petition for your step child without need of permission from the biological father.

7 and unfortunately does not have sole legal custody. As I read your reply, it makes me think we should look at her doing that which would also free up having to have a document authorizing the daughter to visit every time she leaves.

[NigeriaorBust 4,087]

Without permission to immigrate from the other parent she will NOT be granted status.

[HollyGolightly 72]

The thing is- if you acquire permission beforehand USCIS could construe this as evidence of prior intent. On the other hand, if you are just acquiring permission for "visits" then that does not constitute permission to immigrate which could be quite a pickle.