Bringing wife’s child to U.S.

[GulfwarVeteran 1]

Ok, let me give you some dad to dad advice….

 

I brought my wife on a K1, and we did not bring her son.  We wanted him to complete grade eight before he came to live in the USA.  However we had picked a bad time to buy a condo in Asia, so we had to go back until it was paid off.

 

Two years later, the condo was paid in full, so I re-patriated. As soon as I found a job, I petitioned for an IR1 for my wife. It went though very quickly, and she arrived.  I then petitioned for an IR2 visa for her son.  He arrived, and now we are all together. I have now petitioned the state for an adoption.

 

Your stepdaughter is, for the most part, YOUR daughter as far as the USCIS is concerned.  Just do an IR2 petition (assuming you have been married two years).  She will qualify under “son or daughter of a US citizen”.

After she arrives, adopt her so she can eventually get a scholarship.

[sd3fan 17]

3 hours ago, GulfwarVeteran said:

Ok, let me give you some dad to dad advice….

 

I brought my wife on a K1, and we did not bring her son.  We wanted him to complete grade eight before he came to live in the USA.  However we had picked a bad time to buy a condo in Asia, so we had to go back until it was paid off.

 

Two years later, the condo was paid in full, so I re-patriated. As soon as I found a job, I petitioned for an IR1 for my wife. It went though very quickly, and she arrived.  I then petitioned for an IR2 visa for her son.  He arrived, and now we are all together. I have now petitioned the state for an adoption.

 

Your stepdaughter is, for the most part, YOUR daughter as far as the USCIS is concerned.  Just do an IR2 petition (assuming you have been married two years).  She will qualify under “son or daughter of a US citizen”.

After she arrives, adopt her so she can eventually get a scholarship.

We married in August of 2018 so about a year and a half now.  What exactly is an IR2 petition and how long does it take?

[Just Paul 4,595]

5 minutes ago, sd3fan said:

What exactly is an IR2 petition and how long does it take?

It is for Immediate relatives - son/daughter.

It will 12 to 18 months.

[sd3fan 17]

5 minutes ago, Paul & Mary said:

It is for Immediate relatives - son/daughter.

It will 12 to 18 months.

So same time as i130 and I don’t think we qualify either?

[Boiler 46,008]

I 130 is what gets you an IR2.

[Just Paul 4,595]

13 minutes ago, sd3fan said:

So same time as i130 and I don’t think we qualify either?

If you AOS'd you wife then hopefully you would qualify I-864 wise.   You file the petition, not her.

[GulfwarVeteran 1]

12 hours ago, sd3fan said:

We married in August of 2018 so about a year and a half now.  What exactly is an IR2 petition and how long does it take?

I will refer to your stepdaughter as your daughter because effectively you will be her daddy.

 

As the others said, an IR2 is for the son or daughter of a US citizen. An IR2 requires a form 130.  It is used when you have been married over two years and you want to bring your spouse’s child to the USA.  A CR2 also requires a form 130. It is used typically in a case where your wife is being petitioned on a CR1.

 

I assume you are needing a CR2 in your case, but then again, by the time you get your forms done, you will have been married two years, so it only makes sense that you will be getting your daughter a IR2. Even if you request the wrong visa category, I think the USCIS will correct it for you.

It can take up to about 18 months, so I am told.  My son’s visa was approved and in the hands of the US embassy in Burma (Myanmar) in only about five months.  Why mine went so fast is mystery. There is a rumor that if they know you are a Veteran you get priority, but I have nothing to back up that rumor.

After the interview it took about three months for them to verify everything. The length of time is often determined by local policy. Documents are often faked in Burma and cannot be trusted, so that may be why they take extra care verifying everything. I do not know the case in Thailand.

 

Before you even start, you need to get her original brith certificate, and an official English translation. You will need a copy of your marrage certificate, and proof of your citizenship (passport, brith certificate).  I also advise you to fly to Thailand to get some photos of you, with your wife and daugher together.  We took photos at the emerald Buddha in Bangkok, and at Dreamworld.  If you need some ideas on great places to go in Bangkok, I can help.

 

There are many guides on the internet that can help you with the process.  Here is an example: https://visaguide.world/us-visa/immigrant/ir2/

Just read all the guides, then follow the instructions on the USCIS web site.

 

The embassy may ask her some questions.  They will ask her when she first met you and if the answer is "I have not met him yet" it might not look good for you. If that is the case, I suggest you fly to Bankok and take her to Dreamworld, or some other memberable place ASAP.

 

 

 

[laci1806 15]

I am in a Somewhat similar situation. My husband came from Ukraine on K1 in 2016. He did not list any children on his paperwork. However, there is a girl he now believes is his daughter who’s mom has gone to prison in Ukraine and this girl has lived at an orphanage. He is in process to establish paternity and get custody. Assuming she is his daughter, 13-18 more months of her living in an orphanage seems so wrong. Is there no way to speed it up? And do you think an explanation of why he didn’t list any children will be understood? Since paternity was never established and he hadnt has contact with her or the birth mom we didn’t list her. (He was even told at one point the girl had died)  We assumed only legal children should be listed On the paperwork 

[Boiler 46,008]

Well the first thing is to establish paternity, nothing can be done until that. An expedite is certainly feasible, can he not look after her until an immigrant visa is available?

[laci1806 15]

Well he lives here in the US and she’s in Ukraine. He can possible have her live with his aunt or something. Or maybe we could move to Ukraine for a year or two....... how does it work to expedite an application? You just ask for it and hope they cooperate? 

[Boiler 46,008]

Expedites by definition are discretionary, and very much depends on the individual circumstances.

 

Sounds like you have some plans that avoid the orphanage which of course is good.

[laci1806 15]

Am I understanding this correctly? That we don’t have to wait for the petition to be accepted? She could apply for a visa and live here while the petition is being processed? 

[Boiler 46,008]

The I 130 bit yes, is your husband now a USC?

 

Ignore the K4 bit.

[laci1806 15]

5 minutes ago, Boiler said:

The I 130 bit yes, is your husband now a USC?

 

Ignore the K4 bit.

Not yet. He’s not eligible to apply until November. But my understanding is I, as a US citizen can apply for her, correct? 

[Boiler 46,008]

Just now, laci1806 said:

Not yet. He’s not eligible to apply until November. But my understanding is I, as a US citizen can apply for her, correct? 

Yes, sounds like she is young, just need evidence she is your step daughter.