Filing for daughter in law

[Jinaiya 0]

Hello,

 

I am a permanent resident, my husband is a US citizen. We want to apply for my daughter to live with us. We assume it is best if my husband (US citizen) apply for her, versus myself.

 

I have read the articles supplied in the guides section but I didn't see mention of where custody comes into play. My daughter lives in Canada, her father has custody. We've had amicable visitation right up to this point and he is completely on board with her coming here, but we assume we need full custody to proceed with something like this.

 

Has anyone else been in a similar situation who can tell me what the process is? Is custody necessary or does dad only need to write a statement agreeing that it is OK for her to join us? If custody is a must, can we start the i130 process WHILE doing the custody piece? Like most folks here, we want the process to be the smoothest, quickest path possible. 

 

Thank you.

Edited January 26, 2021 by Jinaiya

[SusieQQQ 11,587]

You mean stepdaughter rather than daughter in law. Custody issues depend on the law of the country the visa is being granted in. While some countries allow “just permission” to get a visa proper custody is always better, especially if you think you might naturalize before she turns 18 (then she can derive citizenship from you - requires legal custody). Yes, you can address custody while the i130 is in process. If the father is amenable it should be a fairly simply matter to get the court order amended? 

[aaron2020 11,651]

Have your USC husband file an I-130 for his stepdaughter.  She needs to file an I-485, etc. to adjust status for a green card.  You and her biological father file with the family court in Canada for a change in custody.  Easy peasy. 

[SusieQQQ 11,587]

3 minutes ago, aaron2020 said:

Have your USC husband file an I-130 for his stepdaughter.  She needs to file an I-485, etc. to adjust status for a green card.  You and her biological father file with the family court in Canada for a change in custody.  Easy peasy. 

Why i485, she resides in Canada. She’ll get a visa. 

[aaron2020 11,651]

10 minutes ago, SusieQQQ said:

Why i485, she resides in Canada. She’ll get a visa. 

Opps.  Sorry, my bad.  I though the daughter was currently here in the US.