Question regarding definition of step-child (split topic)

[Btranquilo 2]

I am curious about the statement "A US citizen petitioning for a step-child has no wait for a visa to become available" (compared to a permanent resident). I am a US citizen and waiting for my wife to be approved for her visa (I filed I-130 and I-129F). My wife has a daughter in Nicaragua and wants to first come to the US and live here for about a year, improve her English, etc. and then have her daughter join us permanently. Her daughter is a Costa Rican citizen.

My question relates to the definition of a "step-child". Would I (as the US citizen) need to formally adopt my wife's daughter for her to be considered as my "step-child" or because she is the daughter of my wife who becomes a permanent resident and lives here is her daughter considered my "step-child" (and to be clear, I am not the biological father).

Thanks in advance for any clarification on this.

[Boiler 45,486]

Adoption not needed.

[Ian H. 207]

No. As long as the marriage between you and her mother occurred before she would turn 18, she will be your stepchild for immigration purposes.

You would be able to petition her as if she were your child, the only thing different is that she wouldn't become a USC through you, like a biological or adopted child would.

She would be entitled to come as an IR2 which takes the same amount of time as a spouse. Also since you already petitioned your wife with the I-129F, you're doing K3 right? If so she would be able to apply for a K4 visa along with her mother. Hope this helps.

I am curious about the statement "A US citizen petitioning for a step-child has no wait for a visa to become available" (compared to a permanent resident). I am a US citizen and waiting for my wife to be approved for her visa (I filed I-130 and I-129F). My wife has a daughter in Nicaragua and wants to first come to the US and live here for about a year, improve her English, etc. and then have her daughter join us permanently. Her daughter is a Costa Rican citizen.

My question relates to the definition of a "step-child". Would I (as the US citizen) need to formally adopt my wife's daughter for her to be considered as my "step-child" or because she is the daughter of my wife who becomes a permanent resident and lives here is her daughter considered my "step-child" (and to be clear, I am not the biological father).

Thanks in advance for any clarification on this.

[NikLR 13,227]

No. As long as the marriage between you and her mother occurred before she would turn 18, she will be your stepchild for immigration purposes.

You would be able to petition her as if she were your child, the only thing different is that she wouldn't become a USC through you, like a biological or adopted child would.

She would be entitled to come as an IR2 which takes the same amount of time as a spouse. Also since you already petitioned your wife with the I-129F, you're doing K3 right? If so she would be able to apply for a K4 visa along with her mother. Hope this helps.

Chances of the bold happening is so rare it's less than 1%. It's best to petition the child separately and do the CR2/IR2 visa process than even remotely trying to do a K4 as a derivative.

[Btranquilo 2]

Thank you both for the quick and helpful responses!

[Ian H. 207]

@btranquilo, then you have to file an I-130 for your stepdaughter.

[Ryan H 3,812]

Posts split from unrelated thread.

[aaron2020 11,651]

I am curious about the statement "A US citizen petitioning for a step-child has no wait for a visa to become available" (compared to a permanent resident). I am a US citizen and waiting for my wife to be approved for her visa (I filed I-130 and I-129F). My wife has a daughter in Nicaragua and wants to first come to the US and live here for about a year, improve her English, etc. and then have her daughter join us permanently. Her daughter is a Costa Rican citizen.

My question relates to the definition of a "step-child". Would I (as the US citizen) need to formally adopt my wife's daughter for her to be considered as my "step-child" NO. Adoption makes her your adopted daughter (not stepdaughter). or because she is the daughter of my wife who becomes a permanent resident and lives here is her daughter considered my "step-child" NO. Her mother becoming an LPR and living in the US does not make her your stepdaughter. Neither has anything to do with it. Marrying her mother alone makes her your stepdaughter. (and to be clear, I am not the biological father).

Thanks in advance for any clarification on this.

She would be your stepchild because you married her mother. You would be her stepfather by marrying her mother.

For US immigration purposes, you can only petition for her if she became your stepchild before her 18th birthday.

If you adopt her, then she becomes your adopted daughter (and would cease to be your stepdaughter).

[Btranquilo 2]

Excellent information; I am very impressed at being able to receive concise information like this. Thanks to all!