Stepdaughter visa guidance

[Roxey876 0]

We are looking at bringing over my stepdaughter who is five. My husband still is waiting for AOS and currently has his travel and work documents. I have two issues, 1. We didn't include her on the K1 application and 2. He's not on the birth certificate. Will the birth certificate be an issue? Am I to file as a step parent seeing he's waiting on his residency? Thanks for your help!

[Boiler 46,160]

What about her mother? Probably need a DNA test.

[apple21 953]

His name as the father should be on the BC. How else can you initially prove parent-child relationship? You should fix the BC. The DNA test will most likely be required later on.

As the USC step-parent, yes you can file the i130. No need to wait for your husband's GC.

Edited February 8, 2015 by apple21

[aaron2020 11,651]

Hmm. No daughter listed in K-1 and he's not in the birth certificate, and suddenly she appears before he gets a green card. Nothing suspicious.

That is the classic dupe for bringing a niece or nephew to the U.S. when it's impossible to petition for that person.

I am not accusing you of anything. Just letting you know that your situation looks like a common scam.

Before you file, fix his name on the birth certificate. You will need it to prove a father/child relationship. Otherwise, you have zero proof.

Expect the U.S. Embassy to require a DNA test.

Best of luck.

[Pinkrlion 2,724]

You have to resubmit bc to add his name. JA will require a DNA test to prove the jacket fits. You can file I-130, but since you did not list any childrn on K-1, you will have issues. Also, you will need something from mother saying child can come.

[Jawaree 718]

Approval from birth mother

He has to get papers to add his name to the child BC from RGD first

if the mother is OK with sending the child at that age to a far-away place

even with dad then have her do the leg-work for forms & send to you.

With all docs in hand you can petition and the child

will likely explain have to tell why the child as not on previous application, since they were

not married maybe they have valid explanations.

A DNA will be required.

Edited February 9, 2015 by Jawaree