US Citizen petition for stepdaughter

[clc 0]

I am getting conflicting information... from lawyers.. and hope for someone with personal experience to help me out.

One lawyer told me that I cannot file for my husband's daughter, because we are not really related. He said that my husband (not a US citizen) has to file even though it will take longer than an immediate relative petition.

What I'm reading on the gov sites and on here make me think that I can petition for her just as if she were my daughter (IR-2), rather than waiting for the priority date under category 2.

However...she has a son. Is it true that her son will not be able to follow her unless my husband petitions for her?

Third question: I petitioned for my husband and he came here almost a year ago. Can his daughter still get the follow to join benefits and come here without a new petition?

2

[Ontarkie 14,231]

How old his she, how old was she when you married her father?

[cocolucho 35]

So you (US CITIZEN) are trying to petition for your husband's daughter (stepdaughter) and stepdaughter's son, reading the site I posted below it seems that you can as a US citizen since you are the US citizen step parent. I doubt the information the lawyer is giving you is totally true. His father can petition it too, but it will be longer. You as the step-parent can petition for her. Read the link below and maybe other people here on VJ can comment on this too:

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Good luck!!!

[clc 0]

How old his she, how old was she when you married her father?

She is about to turn 17. She was 15 when we got married.

[Ontarkie 14,231]

Then you can petition her, but I don't know anything about your grandchild.

[clc 0]

So you (US CITIZEN) are trying to petition for your husband's daughter (stepdaughter) and stepdaughter's son, reading the site I posted below it seems that you can as a US citizen since you are the US citizen step parent. I doubt the information the lawyer is giving you is totally true. His father can petition it too, but it will be longer. You as the step-parent can petition for her. Read the link below and maybe other people here on VJ can comment on this too:

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Good luck!!!

Thanks for the info. I think it seems that way too, but it feels like a risk to go forward against legal advice, what with the time and money that is at stake if I mess up.

As it says on the bottom of that page you sent, I have emailed the NVC (twice) about the follow-to-join benefits. The first time, the reply was that they couldn't provide any info since our case (the petition for my husband) is already closed. I still haven't received a reply to my 2nd email.

It would be great if she could apply for the immigration visa without starting a new petition!

[cocolucho 35]

Thanks for the info. I think it seems that way too, but it feels like a risk to go forward against legal advice, what with the time and money that is at stake if I mess up.

As it says on the bottom of that page you sent, I have emailed the NVC (twice) about the follow-to-join benefits. The first time, the reply was that they couldn't provide any info since our case (the petition for my husband) is already closed. I still haven't received a reply to my 2nd email.

It would be great if she could apply for the immigration visa without starting a new petition!

I am not telling you to go against legal advise, but if I was you I would get a second opinion and not just stick with one, that is my two cents here.

Just so you know, each petition is individual, I don't think you can skip that and try to include your step-daughters on your husband. You have to petition separately. In my case alythough my stepdaughter is only 12 yrs old, I had to file two I-130 petitions, one for my wife and one for my stepdaughter and each will get an approval individually.

Your stepdaughter can not apply under your husbands as I understand it.

I hope you get good advise this is just my comments :-)

Good luck!!!

[clc 0]

cocolucho,
I appreciate your help - Thanks!

[aaron2020 11,651]

She is about to turn 17. She was 15 when we got married.

You can petition her since she was under 18 when you married her dad.

Assuming she is unmarried, the following is true. (If she is married, its a different game.)

You petition for her as an Immediate Relative. Only she will get a visa. Derivative beneficiaries are not allowed in IR cases, so her son will not be able to immigrate with her. This should take about a year.

Her father as an LPR petitions for her in the F2a category where derivative beneficiaries are allowed and she will be able to immigrate with her son. This will take 2-3 years.

Did you misunderstood the lawyer? Maybe he said, there is no way for you to petition her and her baby (which is true) rather than you can not petition her.

[aaron2020 11,651]

The only way for her to immigrate with her son is for her LPR father to file for her.

Follow to join or you filing means only she will get a visa. Her son will be separated from her for 2-3 years while she as an LPR petitions for him.

[Jawaree 717]

A USC step-parent can petition the strep-child if the marriage took place before

the kid turned 18 yrs...it goes faster than if her dad files, and if she has a baby

she will have to petition the baby after arriving in the US...Many immigration attys

sometimes falls short on info as the laws changes a lot, or because they don't have a retainer

they just throw out the 1st info that comes to mind. You need to send in I 130 with

proper docs + $420 and begin the process

[Ian H. 207]

Hi,

You can really go about it two ways.

One: You can petition for her as a USC stepmother (IR2 visa). I don't know what lawyer told you that you couldn't, but clearly he is incompetent. As long as the marriage between you and her father happened before she turned 18, which it did, that is what's required.

Two: Her dad as an LPR, can petition for her as her biological father (F2A visa).

Here are the pros and cons:

If you petition her, she will be considered an IR of a USC and will not have to wait for a visa to be available. Meaning that she can proceed to NVC processing as soon as the petition is approved by USCIS. The same time as if it were a spouse.

Under this category (IR2) she will not be allowed to apply for a visa for her son. If she immigrates under this option, she will have to leave her son behind, petition for him as soon as she enters the US, and the wait would be about 2 to 3 years.

If her father petitions her, she will be considered the minor child of an LPR and will have to wait for a visa to become available, currently about 2 years, plus NVC processing. Under this category (F2A) she would be able to include her son and apply for a visa on his behalf. She would be able to immigrate with him and they would both be LPR's.

If leaving her child behind is not an option or a possibility, her only choice would be the F2A visa and have her father petition for her.

If you choose to exercise this path, it is crucial that her father doesn't become a USC until after she and her son are issued the visa and enter the US, otherwise her case would be converted to IR2 and will lose the ability to get a visa for her son.

Since she is about to turn 17, I suggest that if you plan on doing the F2A, that her father file the petition ASAP so that her PD will be reached well before turning 21. It's still 4 years before she turns 21, so she will have immigrated well before that time and this in my opinion would be the best path to go so that she won't be separated from her son. Good luck.

[Ian H. 207]

k

Edited September 12, 2014 by Ian H.

[clc 0]

Thanks to everyone for your help. I will be going forward with the petition for her.