Stepdaughter and her husband

[austex 42]

My husband is the American, we moved here from Australia August 2013 after living in Australia for 16 years, we left my daughter with the intention of her coming over at a later date. My husband has been her stepfather since she was 13 and she is 26 now he has been in her life since she was 10 years old. She has since gotten married and they would both like to move over her with us. My husband can support her and if we need a co-sponsor we have that also. Is this possible?

[Transborderwife 4,666]

I believe that this would be an f3 visa. It would take 10+ years and then she would need to petition her spouse as a permanent resident.

[Penguin_ie 5,993]

It is possible, but not quick.

Since you married your USC husband before your daughter was 18, he can petition for her. But as she is married, it will take 11-ish years.

[Ryan H 3,812]

Duplicate thread removed, please do not start multiple threads on the same topic.

[austex 42]

So even though we have enough money to sponsor the son in law there will be no way in the near future that we can do this?

[Ryan H 3,812]

So even though we have enough money to sponsor the son in law there will be no way in the near future that we can do this?

You can file the paperwork anytime. However, the visa category that your daughter (and her spouse as a derivative beneficiary) is subjected to annual numerical limitations. As others have stated, it is currently 11 years before priority dates for that visa category become current. If your husband was to file the paperwork tomorrow, the priority date would not become current until 2026.

[austex 42]

Ok as a permanent resident- can I apply for my daughter? When I am a citizen can I apply for her? I am just looking for options.

[Transborderwife 4,666]

LPR's cannot petition married children. The waiting period would be the same if you were the USC

[Boiler 45,525]

Sponsorship does not come into it until the visa number is current, so sometime in the future. What the requirements will be then is anybody's guess.

[Penguin_ie 5,993]

You cannot apply for your daughter while you are a greencard holder, as she is married.

You can wait and apply for her when you are a US citizen, but the waiting time for a visa is the same 11 years (or may be longer then...), so you are essentially wasting time. The only quicker way is if the daughter or her husband can get a work visa.

[austex 42]

Ok another senerio -

1. if the stepdaughter of US citizen, (who has been in my care since she was 10) is not married but over 21 what are the chances of her being let in by family status?

2. If spouse becomes a citizen could the daughter aged 26 get into the U.S. On family status?

M.

[Boiler 45,525]

Yes

and Yes

Assuming no really odd negativites, Drug Dealing convictions etc etc

Edited June 22, 2015 by Boiler

[Penguin_ie 5,993]

1. If step daughter is a US citizen, she needs no visa and can travel freely, married or not. However, just being in the care/ the step daughter of a US citizen does not give her US citizen status by itself.

2. Yes

[austex 42]

Ok then if all is yes... What is the time frame on this?

M

[Boiler 45,525]

Unmarried daughter of USC, say 8 years, a few years longer if she is married or marries whilst waiting.