Can the benefactor's kid join the IR1 petition? and other questions

[wangsit 2]

Hi I send this topic for helping my friend because she is confused of her situation.
And ENglish is not my first language

Benefactor and Petitioner has been married for more than 3 years.
Petitioner is US Citizen, he has job.

Benefactor is Indonesian citizen, she has business that need her to be there for some time.
Benefactor has 1 kid from her past marriage. The kid is 25 years old and single.

The kid does not have any biologic relationship with Petitioner; However, Petitioner considered her as his own daugther.

 

They are now want to apply for IR-1, but  my friend wants to double checked before they applied 

1. Can the kid added to application? If yes, is there any guidance on how to do it?

2. Because Benefactor needs to look after her business from time to time, 
when they finally finish their visa interview, and got notice of their approval, when is the latest time they can go to USA?

She is afraid that she needs to deal some business in Indonesia that going to takes time up to 8 months and it makes her visa invalid.

 

3. Referencing to Question#2, assuming that she got approval and her residency card.
Can she left the USA for 8 month doing her business in Indonesia and can come back to USA and extend her visa without any issue in the future?
If there will be an issue(s), how to prevent it?

 

Edited March 9, 2021 by wangsit

[aleful 1,905]

hi

 

the person being petitioned is the beneficiary, not benefactor, but no, the stepchild cannot be petitioned

 

there are no derivatives for a spouse of a US Citizen, plus they were married after the stepdaughter was 18 years old. her mom when she comes can file for her, she will have to be unmarried, as residents can't file for married children

 

 It's not good that she leave for 8 months every year or every time she needs to, if she needs to be out of the country for a long time, at least for 2 times she can request a reentry permit that allows to stay abroad up to 2 years, but eventually she has to live here and spend most of her time here

 

 the visa will have an expiration date on her passport after she has her interview

 

 

Edited March 9, 2021 by aleful

[aaron2020 11,651]

1.  Her child can not be added.  Derivative beneficiaries are not allowed when a US citizen petitions a spouse.  Once your friend becomes a green card holder, she can file to petition for her child in the F2b category where the current wait is 7 years.

 

2.  The visa will have an expiration date.  It's 6 months from her medical exam.  She must enter the visa before it expires.  There is no reissuing a visa.

 

3.  A green card holder is required to live in the US.  If she spends 8 months every year living outside the US, then she risks losing her green card status.  She can prevent losing her green card by living in the US and spending more time in the US than outside the US.

[SusieQQQ 11,586]

Seems to make more sense applying for a tourist visa if wife only wants to spend 4 months or less per year in the US. Does she know that if she has a green card she needs to declare all her Indonesian earnings to the IRS as well? If we misunderstand and it is just the first year she needs to be out for 8 months to wrap up the business, well she can wrap all that up before she goes as it will be longer that that before she gets an IR visa.

 

 

Edited March 9, 2021 by SusieQQQ