I-130 denied for my step-daughter!

[waynesworld 0]

My wife and I were married in China. Her daughter, my step-daughter, has been denied the I-130 visa application because she was 20 years old (over 18) at the time we were married. (Code of federal regulations, section 204.2(d)(2)(iv). This is a very dumb regulation in my opinion.

Does anyone know if I should file a petition, or is there a separate form I should file? Or, do we have to wait until my wife is granted her visa, and then have my wife file as the petitioner for her daughter? Anything information will be very appreciated! Thanks, Wayne

[Merrytooth 5,748]

To qualify for a stepchild relationship, the Immigration and Nationality Act (INA) requires that the marriage establishing the relationship take place before the child’s 18^th birthday.

Your wife has to file for her daughter once she gets her green card.

[aleful 1,905]

hi

as said, there is nothing you can do, her mom will have to file for her when she get's a GC and as long as her daughter continues to be single

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration to Bringing Family Members of Permanent Residents to America forum.

[Boiler 46,130]

Going to take a looong time.

[NigeriaorBust 4,087]

Your wife will get a green card and then file for the daughter. The daughter will almost certainly age out of being a child and become an adult and have to wait 7 years or so to come and she must remain single all the time ( or until your wife becomes a USC )

Your profile says K1 what visa are you chasing ( you also say wife which excludes K1 )

Edited June 22, 2016 by NigeriaorBust

[aaron2020 11,651]

There is nothing you can do since you married mom when she was 20. The I-130 was properly denied.

When your wife gets her green card, she will have to file for daughter. Your stepdaughter will likely be 21 or near it when your LPR wife can file, so she will likely to age out and CSPA will not help. It can take up to 7 years for a visa.

Here's the rub, you could have gotten a K-2 for her if you had not married her mom and was petitioning for a K-1 fiancée. This is a quirk in the laws and anyone with a stepchild age 18-21 should be aware of. (I'm just trying to help others in situations like yours. I know this this not help you.)