bringing my wife's child to U.S.

[bhindzioncurtain 12]

Hi,

so my wife got her Green Card on Jan. 26, 2016 and would like to bring her 20 year old daughter to live with us. But some of the info is confusing about the I-130. So I understand my wife will be the sponsor since the daughter was 20 when we married so in eyes of USCIS she is not my step-child. I read that she, my wife, will have to complete I-130, copy of front and back of Green Card, and birth certificate for daughter.

So the I-130 Guide on this site has only info for U.S. Citizen and I am not sure if we also need to do the I-485 etc. Can someone clarify what we actually need?

I am really impressed with the info on here since it helped me to get a Green Card for my wife without needing an attorney.

John

[newacct 688]

Did your wife come on K-1? If so, her daughter might be able to come on K-2 if it's within one year of your wife getting her K-1 visa.

Anyway, to answer your question, I-485 is for Adjustment of Status, which is for if the immigrant is in the US. Since your wife's daughter is outside the US, she would go through consular processing in her home country, and I-485 is not involved.

[Boiler 45,516]

Basically the same but she will have a long wait for a visa number.

[Boiler 45,516]

Did your wife come on K-1? If so, her daughter might be able to come on K-2 if it's within one year of your wife getting her K-1 visa.

Anyway, to answer your question, I-485 is for Adjustment of Status, which is for if the immigrant is in the US. Since your wife's daughter is outside the US, she would go through consular processing in her home country, and I-485 is not involved.

B express

[bhindzioncurtain 12]

So more info to get question answered.

This was not a Fiancée Visa but she was here on a B2, we met, fell in love, and married. I realize this was not the usual but things happen and she now has her green card.

Looking back there was a lot I could have done differently but now she is concerned about her daughter since things in Ukraine are not good and don't look to get better any time soon.

So it looks like my wife will have to do the I-130. So my question has to do with wanting to know if we need to do all the paperwork; I-485, I-130, G-325A, passport photo for daughter, I-693, and I-864?

[newacct 688]

So more info to get question answered.

This was not a Fiancée Visa but she was here on a B2, we met, fell in love, and married. I realize this was not the usual but things happen and she now has her green card.

Looking back there was a lot I could have done differently but now she is concerned about her daughter since things in Ukraine are not good and don't look to get better any time soon.

So it looks like my wife will have to do the I-130. So my question has to do with wanting to know if we need to do all the paperwork; I-485, I-130, G-325A, passport photo for daughter, I-693, and I-864?

Again, no. Your wife has to file the I-130 petition. Her daughter as an unmarried under-21 child of a permanent resident would be in the F2A category, which has a wait of 1-2 years for visa numbers. They need to wait 1-2 years for a visa number to become available.

However, because she is so close to turning 21, there is a good chance she may "age out" into the F2B category (unmarried over-21 child of permanent resident), which has a wait of about 6.5 years. For the purposes of determining whether she ages out, the length of time the I-130 petition is pending is subtracted from her age. But the petition doesn't take that long to be approved (shorter than the wait for visa numbers). So basically, her age will "freeze" at the time the petition is filed, but "unfreeze" a few months later when the petition is approved, and her age will continue counting from that point until a visa number is available. There is a good chance that her "age" (even with the period of "freezing" described above) would hit 21 before a visa number is available in F2A, in which case she would automatically be converted to F2B and require several more years of wait.

When a visa number is close to being available, they will contact her and her daughter for the next steps for consular processing in her home country. At that point they will ask for an Affidavit of Support and the consulate will ask for a medical. Again, I-485 is not involved.

[bhindzioncurtain 12]

Again, no. Your wife has to file the I-130 petition. Her daughter as an unmarried under-21 child of a permanent resident would be in the F2A category, which has a wait of 1-2 years for visa numbers. They need to wait 1-2 years for a visa number to become available.

However, because she is so close to turning 21, there is a good chance she may "age out" into the F2B category (unmarried over-21 child of permanent resident), which has a wait of about 6.5 years. For the purposes of determining whether she ages out, the length of time the I-130 petition is pending is subtracted from her age. But the petition doesn't take that long to be approved (shorter than the wait for visa numbers). So basically, her age will "freeze" at the time the petition is filed, but "unfreeze" a few months later when the petition is approved, and her age will continue counting from that point until a visa number is available. There is a good chance that her "age" (even with the period of "freezing" described above) would hit 21 before a visa number is available in F2A, in which case she would automatically be converted to F2B and require several more years of wait.

When a visa number is close to being available, they will contact her and her daughter for the next steps for consular processing in her home country. At that point they will ask for an Affidavit of Support and the consulate will ask for a medical. Again, I-485 is not involved.

Thanks for more specific info, I now have something to tell wife.

So while all this is going on can her daughter come to visit?

[NigeriaorBust 4,087]

She can apply for a visitors visa but with her mother in the US after using a visitors visa to stay her chances aren't very good at being approved. What tied to home does she have that are greater than her desire to be with her mother here ?

[Boiler 45,516]

Does she have a visitor visa?

[bhindzioncurtain 12]

She can apply for a visitors visa but with her mother in the US after using a visitors visa to stay her chances aren't very good at being approved. What tied to home does she have that are greater than her desire to be with her mother here ?

her grandparents, she is attending University, and she owns an apartment.

[Boiler 45,516]

Again, no. Your wife has to file the I-130 petition. Her daughter as an unmarried under-21 child of a permanent resident would be in the F2A category, which has a wait of 1-2 years for visa numbers. They need to wait 1-2 years for a visa number to become available.

However, because she is so close to turning 21, there is a good chance she may "age out" into the F2B category (unmarried over-21 child of permanent resident), which has a wait of about 6.5 years. For the purposes of determining whether she ages out, the length of time the I-130 petition is pending is subtracted from her age. But the petition doesn't take that long to be approved (shorter than the wait for visa numbers). So basically, her age will "freeze" at the time the petition is filed, but "unfreeze" a few months later when the petition is approved, and her age will continue counting from that point until a visa number is available. There is a good chance that her "age" (even with the period of "freezing" described above) would hit 21 before a visa number is available in F2A, in which case she would automatically be converted to F2B and require several more years of wait.

When a visa number is close to being available, they will contact her and her daughter for the next steps for consular processing in her home country. At that point they will ask for an Affidavit of Support and the consulate will ask for a medical. Again, I-485 is not involved.

She was 20 when they married and wife has now adjusted so she must be pretty close 21.

As an aside trying to guess how long it will take is just that, a guess.

She also has to stay single unless/until her mother Naturalises.

[Boiler 45,516]

her grandparents, she is attending University, and she owns an apartment.

So why are you filing for her to immigrate?

[bhindzioncurtain 12]

So why are you filing for her to immigrate?

Actually I can't since she was 19 when we married the USCIS does not consider her my step child. So her mother who is green card holder will be doing the petition.

[Boiler 45,516]

You said she was 20 when you married, so 20 now, when is her birthday.

It was the royal you, you are here asking, your wife will be signing.

[bhindzioncurtain 12]

Six moths to her daughter 21st birthday so it is becoming obvious that it might take more than a couple of years to get her daughter here.

If it wasn't for the situation between Ukraine and Russia then it would probably not be a big deal.