Spouse is in the US but her daughter is in home country

[latininNJ 1]

So, I got married, yes again. And my wife is present in the US, I am preparing to file I13- and I485 but I have no clue what todo with her 8 yr old daughter. Do I file a I130 or does my wife file it after receiving her Permanent Residence? How would it work?

 

Thanks

[arken 4,197]

You can file it now for your stepdaughter.

[aaron2020 11,651]

10 minutes ago, latininNJ said:

So, I got married, yes again. And my wife is present in the US, I am preparing to file I13- and I485 but I have no clue what todo with her 8 yr old daughter. Do I file a I130 or does my wife file it after receiving her Permanent Residence? How would it work?

 

Thanks

You will need to file a separate I-130 for her daughter.  You will be the US citizen stepparent petitioner.  It will be a CR-2 case and take about 1-2 years for an immigration visa.  The child could require either written permission from the father to immigrate or a court order allowing the child to immigrate, so be aware of child custody issues.  

 

It will probably take 6-8 months and possibly more for mom to get AP once she files for AOS.  Missing your child is not a reason to expedite AP.  She will be separated from her child for that time. 

[pushbrk 12,885]

4 hours ago, aaron2020 said:

You will need to file a separate I-130 for her daughter.  You will be the US citizen stepparent petitioner.  It will be a CR-2 case and take about 1-2 years for an immigration visa.  The child could require either written permission from the father to immigrate or a court order allowing the child to immigrate, so be aware of child custody issues.  

 

It will probably take 6-8 months and possibly more for mom to get AP once she files for AOS.  Missing your child is not a reason to expedite AP.  She will be separated from her child for that time. 

The bold, yes.  But, the child is going to stay abroad until the visa is in hand.  Is the mother really ok with that?  If not, do a visa process for both of them, instead of adjusting status for the mother.  This is a serious decision that needs to be completely thought through.

[latininNJ 1]

Thanks everybody for the replies.

 

I will like to know what does AP mean in the bolded sentence?

 

Thanks

6 hours ago, aaron2020 said:

You will need to file a separate I-130 for her daughter.  You will be the US citizen stepparent petitioner.  It will be a CR-2 case and take about 1-2 years for an immigration visa.  The child could require either written permission from the father to immigrate or a court order allowing the child to immigrate, so be aware of child custody issues.  

 

It will probably take 6-8 months and possibly more for mom to get AP once she files for AOS.  Missing your child is not a reason to expedite AP.  She will be separated from her child for that time. 

 

[pushbrk 12,885]

3 minutes ago, latininNJ said:

Thanks everybody for the replies.

 

I will like to know what does AP mean in the bolded sentence?

 

Thanks

 

AP in this context means Advance Parole.  If your wife adjusts status from within the USA, needs AP in order to come and go from the USA.  Until she HAS...AP....if she leaves, she will not get back in and the Adjustment of Status will not proceed.  You'll lose the I-485 filing fee and need to pursue a visa process instead.

[latininNJ 1]

2 minutes ago, pushbrk said:

AP in this context means Advance Parole.  If your wife adjusts status from within the USA, needs AP in order to come and go from the USA.  Until she HAS...AP....if she leaves, she will not get back in and the Adjustment of Status will not proceed.  You'll lose the I-485 filing fee and need to pursue a visa process instead.

Thank you for clarifying that.

 

When you say "...do a visa process for both of them...", do you mean have wife go back to home country, and just file i130, without the i485, and wait for both of them to get their visa?

1 hour ago, pushbrk said:

The bold, yes.  But, the child is going to stay abroad until the visa is in hand.  Is the mother really ok with that?  If not, do a visa process for both of them, instead of adjusting status for the mother.  This is a serious decision that needs to be completely thought through.

 

[Redro 4,611]

5 minutes ago, latininNJ said:

Thank you for clarifying that.

 

When you say "...do a visa process for both of them...", do you mean have wife go back to home country, and just file i130, without the i485, and wait for both of them to get their visa?

 

You have to file two petitions. 

One for your wife and one for her daughter.

The daughter's case will go through the consulate.

You need to decide where you want your wife's case to process 1.) Here in the States or 2.) Or through the consulate in her home country.

IF you decide to go with option 1 she won't be able to leave the US until she gets advance parole (this is currently taking 8 months).

If she is okay being away from her daughter for that period of time file to adjust status. 

If not just file the I-130 and I-130A for her and she can go back home and wait out the process with her daughter. 

 

Question: How did you wife get to the US? What type of visa is she currently on? 

Edited February 11, 2022 by Kor2USA

[pushbrk 12,885]

3 minutes ago, latininNJ said:

Thank you for clarifying that.

 

When you say "...do a visa process for both of them...", do you mean have wife go back to home country, and just file i130, without the i485, and wait for both of them to get their visa?

 

Wife does not need to go back to home country before you file the I-130's but she would leave before her allowed stay expires and obtain the immigrant visa in her home country, usually at the same time as your step child.

[aaron2020 11,651]

2 minutes ago, latininNJ said:

Thank you for clarifying that.

 

When you say "...do a visa process for both of them...", do you mean have wife go back to home country, and just file i130, without the i485, and wait for both of them to get their visa?

 

Yes.

Your wife has two choices.  Either stay in the US to adjust status and wait for AP in order to leave the US without abandoning the AOS, or return home and you file for a spousal visa.  Processing for a visa allows mom and daughter to be together during the 1-2 years period it takes to get immigration visas.

 

There is no way for you, your wife, and her daughter to be together soon.  The choice is that your wife either stays with you or her daughter.  The immigration process is tough and your family will have to make a tough choice.  

[latininNJ 1]

2 minutes ago, Kor2USA said:

You have to file two petitions. 

One for your wife and one for her daughter.

The daughter's case will go through the consulate.

You need to decide where you want your wife's case to process 1.) Here in the States or 2.) Or through the consulate in her home country.

IF you decide to go with option 1 she won't be able to leave the US until she gets advance parole (this is currently taking 8 months).

If she is okay being away from her daughter for that period of time file to adjust status. 

If not just file the I-130 and I-130A for her and she can go back home and wait out the process with her daughter. 

 

Question: How did you wife get to the US? What type of visa is she currently on? 

She has a turist visa and has not overstayed. Can she visit me while the i120 and i130a are being processed?

[pushbrk 12,885]

2 minutes ago, Kor2USA said:

You have to file two petitions. 

One for your wife and one for her daughter.

The daughter's case will go through the consulate.

You need to decide where you want your wife's case to process 1.) Here in the States or 2.) Or through the consulate in her home country.

IF you decide to go with option 1 she won't be able to leave the US until she gets advance parole (this is currently taking 8 months).

If she is okay being away from her daughter for that period of time file to adjust status. 

If not just file the I-130 and I-130A for her and she can go back home and wait out the process with her daughter. 

 

Question: How did you wife get to the US? What type of visa is she currently on? 

This is correct with one distinction.  NOTHING stops the wife from leaving without AP.  AP is needed to get back in.  Getting back in is required to complete the adjustment of status.

[pushbrk 12,885]

Just now, latininNJ said:

She has a turist visa and has not overstayed. Can she visit me while the i120 and i130a are being processed?

Yes, as long as she doesn't abuse the privilege.  Essentially, she needs to be outside the USA more than she's inside.  If she stays for six months, she should leave for six months before returning, etc.

[aaron2020 11,651]

Just now, latininNJ said:

She has a turist visa and has not overstayed. Can she visit me while the i120 and i130a are being processed?

Most likely she will be able to visit.  Most spouses with tourist visas are fine making visits.  Entry is never guarantee for a tourist visa holder.  If CBP feels that she is abusing the tourist visa to live in the US or travels too often to the US, she may be denied entry.  

[iwannaplay54 985]

1 hour ago, latininNJ said:

Thank you for clarifying that.

 

When you say "...do a visa process for both of them...", do you mean have wife go back to home country, and just file i130, without the i485, and wait for both of them to get their visa?

 

Yea