Is it possible to file for a daughter who is separated with a child

[bodescous 0]

Good morning forum, pls I will like to know if it possible for a US citizen father to file i-130 for his daughter that is separated from her husband due to some reason and a child born for another man after separation from d estranged husband... Prompt response would be highly appreciated. Thank you.

[amren 2]

Which relatives may I petition for? A U.S. citizen can file a petition for the following relatives:

• Husband or wife;

• Children, married or unmarried.

A U.S. citizen who is at least 21 years or older may also petition for the following relatives:

• Parents;

• Brothers or sisters.

When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.

Further information can be gathered from this site: https://www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdf

[Penguin_ie 5,992]

USCIS doesn't care about the daughter's infidelity. If the father can otherwise petition the daughter (ie they are legally father and daughter, through biology or adoption or step-parental relationship), then a visa can be gotten.

[aleful 1,905]

hi

yes he can, but until she is divorced, even separated, she is still married and would file as a married child of a USC, which takes longer to come

unless she divorces her husband and he files for her as unmarried, but he would need to send a copy of final divorce decree

if she can't divorce him now, then he would have to file for her as married and send copy of her marriage certificate, and then later on, when she gets her divorce decree, she can change her status to unmarried

she has to be one or the other

Edited August 9, 2016 by aleful

[JFH 12,189]

*~*~*moved from "bringing family members of permanent residents" to "bringing family members of US citizens" as the potential petitioner is a USC*~*~*