PLR brining daughter via I 130

[Jon and Fangfang 5]

I brought my wife to the US  a couple years ago.  She has a daughter in China that her ex-husband has custody of.  Her ex-husband has decided he does not want his daughter anymore and asked that we take her and bring her to the US.  From everything I can find, my wife as a LPR should file an I 130 to start the process.  I see the list of required documents, but I don't see anything about custody documents.  I have been told verbally that one is needed, and that my wife will need to go to China to get one made via Chinese government.  I want to avoid that cost if it is not needed up front.  Any help would be appreciated.

 

Thanks for all the help in advance VisaJourney!

 

Jon

[EM_Vandaveer 2,408]

Assuming that she was under 18 when you married her mother, YOU should file for her, not your wife. USC filing for stepchild takes a year. If your wife filed for her it'd take two years.

[Ontarkie 14,229]

How old was the daughter when you married her mother? 

Your wife does not need to go to China (unless this is where it gets country specific) the Father just needs to write a letter saying he is giving the mother permission to move the daughter to the US permanently. 

[Ontarkie 14,229]

Now I will add that changes to their custody agreement must be done in China. But the father can do that and maybe the mother just needs a lawyer to work on her behalf.

Edited January 15, 2019 by Ontarkie

[Jon and Fangfang 5]

Thanks.

 

Her daughter was 11 years old when we got married, she is 14 years old now.  

 

I will file the I 130 to save that time.

 

Do I need the custody agreement when I submit the I 130, or is that a follow up document?

[payxibka 10,045]

1 hour ago, Jon and Fangfang said:

Thanks.

 

Her daughter was 11 years old when we got married, she is 14 years old now.  

 

I will file the I 130 to save that time.

 

Do I need the custody agreement when I submit the I 130, or is that a follow up document?

At the time of the interview 

[Larisa 0]

15 hours ago, EM_Vandaveer said:

Assuming that she was under 18 when you married her mother, YOU should file for her, not your wife. USC filing for stepchild takes a year. If your wife filed for her it'd take two years.

Does that mean that my US spouse could have filed for my child even though he was not adopted by the US parent? We married and the boy was 10 years old at that time. We already send our I-130 under me, the LPR. He is 13 now and by the time a visa becomes available he would be 15.

[payxibka 10,045]

3 minutes ago, Larisa said:

Does that mean that my US spouse could have filed for my child even though he was not adopted by the US parent? We married and the boy was 10 years old at that time. We already send our I-130 under me, the LPR. He is 13 now and by the time a visa becomes available he would be 15.

Yes.  A USC can apply for a stepchild if the child was under 18 when the marriage occurred 

[EM_Vandaveer 2,408]

7 minutes ago, Larisa said:

Does that mean that my US spouse could have filed for my child even though he was not adopted by the US parent? We married and the boy was 10 years old at that time. We already send our I-130 under me, the LPR. He is 13 now and by the time a visa becomes available he would be 15.

 

3 minutes ago, payxibka said:

Yes.  A USC can apply for a stepchild if the child was under 18 when the marriage occurred 

^^^ This, I'd re-file under the USC, that way it'll only take one year instead of two.

[Larisa 0]

3 hours ago, EM_Vandaveer said:

 

^^^ This, I'd re-file under the USC, that way it'll only take one year instead of two.

How can I withdraw without them taking the money? Haha

[payxibka 10,045]

1 minute ago, Larisa said:

How can I withdraw without them taking the money? Haha

Money is gone 

[Larisa 0]

4 minutes ago, payxibka said:

Money is gone 

They didn't cash it yet 

[payxibka 10,045]

16 minutes ago, Larisa said:

They didn't cash it yet 

Try a stop payment then if you want to refile 

[Larisa 0]

22 minutes ago, payxibka said:

Try a stop payment then if you want to refile 

Do we need passport pictures of the child? 

[payxibka 10,045]

4 minutes ago, Larisa said:

Do we need passport pictures of the child? 

No.