GCH or USC?

[Joshua@Tinz 52]

My wife has been here a year, she can drive now, acclimated well to the states and we are ready to start the process for her 14 year old daughter. So is the GC holder the petitioner, am I, or are we both? technically she is my step-daughter, but we did not live together long enough to meet adoption requirements. Just getting started on it this week and we don't want to start on the wrong foot. Thanks and yes I saw the guide, 2006 so I just want to be sure we are using the current process.

Edited May 1, 2017 by Joshua@Tinz

[NikLR 13,232]

You should petition as it takes less time.  1yr vs 2

[geowrian 22,338]

I'm not certain what you are asking and your situation, sorry.

 

If your wife is filing a petition for her daughter, you would use an I-130 petition to start the process. Whoever fills that out is the petitioner.

If your wife is an LPR (green card holder), then the process will take about 2 years (F2A category).

 

However, are you a USC? If so, you can petition for your step-daughter under IR-2, which will only take about 1 year.

[Joshua@Tinz 52]

3 minutes ago, geowrian said:

I'm not certain what you are asking and your situation, sorry.

 

If your wife is filing a petition for her daughter, you would use an I-130 petition to start the process. Whoever fills that out is the petitioner.

If your wife is an LPR (green card holder), then the process will take about 2 years (F2A category).

 

However, are you a USC? If so, you can petition for your step-daughter under IR-2, which will only take about 1 year.

Yes, I am the USC, I wasn't sure which one of us should file, I am also reading various guides here and checking back to my post every few minutes, It seems as though I will petition for her as an IR.

[geowrian 22,338]

Just now, Joshua@Tinz said:

Yes, I am the USC, I wasn't sure which one of us should file, I am also reading various guides here and checking back to my post every few minutes, It seems as though I will petition for her as an IR.

Ah, then you should file the petition. She would be considered an IR for immigration purposes. ETA: ~1 year

[Joshua@Tinz 52]

5 minutes ago, geowrian said:

Ah, then you should file the petition. She would be considered an IR for immigration purposes. ETA: ~1 year

To be honest we should have done it all at the same time, but I travel for work and I couldn't leave my wife at home with a child until she can take care of things without me, driving was the major one. Thanks for the help, I will be back later in the process probably as other questions come up.

[geowrian 22,338]

1 minute ago, Joshua@Tinz said:

To be honest we should have done it all at the same time, but I travel for work and I couldn't leave my wife at home with a child until she can take care of things without me, driving was the major one. Thanks for the help, I will be back later in the process probably as other questions come up.

Good luck!

[f f 725]

a step child is able to be petitioned by the usc step parent if the marriage was before the child's 18th birthday. there is no requirement that you adopt the child.

as others have said it is faster to have you petition as a usc than your lpr spouse. just throwing it out there but if the spouse came over on a k1 the child may be able to the follow to join thing if it is still close enough in time.

 

good luck

[Joshua@Tinz 52]

5 minutes ago, f f said:

a step child is able to be petitioned by the usc step parent if the marriage was before the child's 18th birthday. there is no requirement that you adopt the child.

as others have said it is faster to have you petition as a usc than your lpr spouse. just throwing it out there but if the spouse came over on a k1 the child may be able to the follow to join thing if it is still close enough in time.

 

good luck

IR-1, my timeline is complete, but are you sure about that? because the USCIS site says this about IR-2:

 

Visa types for Other Adopted Children:

• IR-2 visa:  Issued to a child:
  • adopted by a citizen if the child immigrates to the U.S. while unmarried and before his or her 21st birthday.
  • after the child’s 21st birthday, if he or she is treated under the Child Status Protection Act (as if he or she were still under 21).