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I-130 process for a daughter

By rooji in Bringing Family Members of US Citizens to America

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JeanneAdil Grand Master

JeanneAdil   6,424

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15 minutes ago, Mike E said:

What step children?

husband's chiildren with new wife are her stepchildren whether they ever lived with her or not

i know 

i had to list the kids of my late husband even though they never lived with me

 

prior posts tells about them

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Boiler
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Unless I am missing something weird the children of lets call her his second wife are not her step children.   How is this different from someone who has an affair and fathers a child, not a

Boiler
Boiler

I am sure he lied about the second wife and who the mother of the children is.   I would hang on to it, use it when appropriate 

rooji
rooji

before anyone jump a gun on me and starts accusing me of doing fraud or anything like that.   i am not suggesting that she lies about her marital status. I know she has to mention that but t

Boiler Grand Master

Boiler   45,356

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Just now, JeanneAdil said:

husband's chiildren with new wife are her stepchildren whether they ever lived with her or not

i know 

i had to list the kids of my late husband even though they never lived with me

Not the situation here.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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rooji Community Regular

rooji   25

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Just now, Boiler said:

Not the situation here.

which is why I posted and I had confusion on what to do...now I am getting conflicting answers.

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Boiler Grand Master

Boiler   45,356

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Unless I am missing something weird the children of lets call her his second wife are not her step children.

 

How is this different from someone who has an affair and fathers a child, not a step child of the wife.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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rooji Community Regular

rooji   25

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2 minutes ago, Boiler said:

Unless I am missing something weird the children of lets call her his second wife are not her step children.

 

How is this different from someone who has an affair and fathers a child, not a step child of the wife.

 

when I first saw this my thoughts immediately was that the second wife is alive and is still married so they are not my SIL stepchildren so she doesn't include them but then I got different answers here. so now I am even more confused.

 

so what will she list those 2 other kids as?

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Boiler Grand Master

Boiler   45,356

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I do not see that they are any relationship to her. They were born after she married. They are not her stepchildren. 

 

I had a quick look at the I 130 and can not see anything that suggests otherwise.

 

Put it another way, say the question was could she include them as potential derivatives because they are her stepchildren, I assume everyone would say no.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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rooji Community Regular

rooji   25

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6 minutes ago, Boiler said:

I do not see that they are any relationship to her. They were born after she married. They are not her stepchildren. 

 

I had a quick look at the I 130 and can not see anything that suggests otherwise.

 

Put it another way, say the question was could she include them as potential derivatives because they are her stepchildren, I assume everyone would say no.

 

i did exact search about the derivatives and who qualify, i found that not everyone qualifies as derivatives (aged out children) and step children was among that so unless i found something that was not correct but that is what I found.

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Boiler Grand Master

Boiler   45,356

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I would not include those children for reasons I have stated. 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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rooji Community Regular

rooji   25

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13 minutes ago, Boiler said:

I would not include those children for reasons I have stated. 

okay got it. thanks.

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appleblossom Experienced

appleblossom   2,344

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1 hour ago, rooji said:

plus the dad only went to Canada once and for 1 month and didn't go back to this date which if it is anything like US then it is already more than 6 months he is abroad. 

 

Not relevant for Canada. If he's applied for PR, then he only has to spend 2 years out of every 5 in Canada to maintain his status once he's landed and activated his status - so he has another 2.5 yrs before he has to move there. 

 

But if the daughter's haven't been yet, then they can't have Canadian PR. And that will expire one year from the date of their medicals, if they haven't landed by then they'd have to apply again.

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rooji Community Regular

rooji   25

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3 minutes ago, appleblossom said:

 

Not relevant for Canada. If he's applied for PR, then he only has to spend 2 years out of every 5 in Canada to maintain his status once he's landed and activated his status - so he has another 2.5 yrs before he has to move there. 

 

But if the daughter's haven't been yet, then they can't have Canadian PR. And that will expire one year from the date of their medicals, if they haven't landed by then they'd have to apply again.

 

good to know and interesting. I will keep that in mind. trying to convince my MIL to report the dad at this point.

 

yes as far as I know the girls never been to canada on immigration visa. I don't even know if they got it. I feel like he only mentioned the girls or tried to apply for them under the pretense of his other wife as step children or real one, that I do not know and neither does the girls only the husband knows.

 

anyways i am not sure what the girls' future is but it seems to be complicated...

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Boiler Grand Master

Boiler   45,356

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You do not know if he has a Canadian Immigrant Visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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rooji Community Regular

rooji   25

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11 minutes ago, Boiler said:

You do not know if he has a Canadian Immigrant Visa.

No I do not. What I have been told is that he applied for the visa last year and got a visa and did go to canada with his other wife and his other kids.

 

at my SIL's visit visa interview they asked her and the youngest daughter if they had any family in Canada and she answered truthfully and that is how we found out that he applied for the immigration for the girls as well. so not sure what type of visa he has. I only know what has been told to me.

 

please do not ask me about this because I don't have sufficient information about the husband and his canadian immigration or whatever the hell he did. all I wanted to know was about my SIL and the derivatives and choices my mother has.

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Boiler Grand Master

Boiler   45,356

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Just know that that he lied to Canadian immigration so have that in your back pocket..

 

He can mess with you you can mess with him.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,356

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You need to contact Netflix. Move over Meghan and Harry.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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