Bringing child of Permanent Residence via Fiance Visa

[Jamaicagyaldat 1]

Help anyone. I am not sure if I am doing the right thing.

My husband immigrated to the US originally under a Fiance Visa. We got married and he is now a Permanent Resident. We now want to bring his daughter here who is 11 years old.

Do we qualify for Following to Join Benefits? It sounds like we do, but Im a bit confused. She is his child, not mine. I am a Us Citizen, he is the Permanent Resident but I did bring him here through the Fiance Visa. We do have her name on the original paperwork from the Fiance Visa.

Am I on the right track or do I have to apply for her as a normal daughter of a Permanent Resident?

[john_and_marlene 162]

It is too late for her to follow based on the K-1 -- there is a 1 year time limit.

[Jamaicagyaldat 1]

It is too late for her to follow based on the K-1 -- there is a 1 year time limit.

I thought they discontinued that time limit stuff. Well it doesnt matter, I just want to know what the procedure is.

[eau_xplain 2]

You can petition her as your step-child. Step-children who are below 18 fall under the category of immediate family of a USC.

[Jamaicagyaldat 1]

You can petition her as your step-child. Step-children who are below 18 fall under the category of immediate family of a USC.

REALLY! Oh so it basically would be quicker....right??

[eau_xplain 2]

Yes, it will be quicker than having your LPR husband file the petition.

[pj1959us 0]

Since your marriage occurred before the child's 18th birthday then she is considered your (step)daughter. You can, as the USC, submit an I-130 petition for her (you are the petitioner, she is the beneficiary). There is still probably a 6-10 month wait, from what I gather, for the I-130 to be processed. When this is completed then the visa would be granted (a medical, etc would need to be completed beforehand as well).

If his daughter is already in the US then the I-130 would be submitted concurrently with the I-485 and the adjudication of the I-130 would occur simultaneously with the I-485. You would just submit all the supporting documents, as well as a medical/vaccinations from a Civil Surgeon, along with the I-130/I-485.

Hope that helps,

PJ

Edited October 10, 2007 by pj1959us

[Jamaicagyaldat 1]

Since your marriage occurred before the child's 18th birthday then she is considered your (step)daughter. You can, as the USC, submit an I-130 petition for her (you are the petitioner, she is the beneficiary). There is still probably a 6-10 month wait, from what I gather, for the I-130 to be processed. When this is completed then the visa would be granted (a medical, etc would need to be completed beforehand as well).

If his daughter is already in the US then the I-130 would be submitted concurrently with the I-485 and the adjudication of the I-130 would occur simultaneously with the I-485. You would just submit all the supporting documents, as well as a medical/vaccinations from a Civil Surgeon, along with the I-130/I-485.

Hope that helps,

PJ

YES THAT MAKES IT SO MUCH BETTER!! THANK YOU BOTHHHHHHHHHHHHHHHHHHHHHHHHHH... A MILLION THANKS. I know everything about the Fiance Visa, but didnt know anything about the kids. So I am so grateful to have you all to help me. She is not in the US, so I will go with the first instructions. STILL 10 months...that isnt a whole terrible long time. I am so EXCITED. Thank you again!

[Ricardo 0]

Since your marriage occurred before the child's 18th birthday then she is considered your (step)daughter. You can, as the USC, submit an I-130 petition for her (you are the petitioner, she is the beneficiary). There is still probably a 6-10 month wait, from what I gather, for the I-130 to be processed. When this is completed then the visa would be granted (a medical, etc would need to be completed beforehand as well).

If his daughter is already in the US then the I-130 would be submitted concurrently with the I-485 and the adjudication of the I-130 would occur simultaneously with the I-485. You would just submit all the supporting documents, as well as a medical/vaccinations from a Civil Surgeon, along with the I-130/I-485.

Hope that helps,

PJ

YES THAT MAKES IT SO MUCH BETTER!! THANK YOU BOTHHHHHHHHHHHHHHHHHHHHHHHHHH... A MILLION THANKS. I know everything about the Fiance Visa, but didnt know anything about the kids. So I am so grateful to have you all to help me. She is not in the US, so I will go with the first instructions. STILL 10 months...that isnt a whole terrible long time. I am so EXCITED. Thank you again!

Hello,

This may be a stupid question, but what if you just want the child to visit? Do you still need a visa? I wish I had known that the 130 could've been filed with the 485. We got in just before the fee increase. Thanks for the help.

[eau_xplain 2]

Hello,

This may be a stupid question, but what if you just want the child to visit? Do you still need a visa? I wish I had known that the 130 could've been filed with the 485. We got in just before the fee increase. Thanks for the help.

If the child just wants to visit then she has to have a visitor's (B2) visa. You might want to check on how easy or difficult it is to get visitor's visa in the child's country of origin.

[raphael7546 0]

Hello,

This may be a stupid question, but what if you just want the child to visit? Do you still need a visa? I wish I had known that the 130 could've been filed with the 485. We got in just before the fee increase. Thanks for the help.

If the child just wants to visit then she has to have a visitor's (B2) visa. You might want to check on how easy or difficult it is to get visitor's visa in the child's country of origin.

Can the child still visit while the I130 is processing? My daughter wants to move here ( she is 12) I am the LPR. I understand my husband can file for the I130. But I heard it's taking a long time for this to process. During this time can she come visit us . She visits us 4 times a year. ( she's from canada).

Also, once the I130 is approved do you have 6 months to use it like the K-1 or is there no time limit? I really don't want to pull her out of school part way thru the year.