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How to bring step child?

USCIS General Discussion - Stage 1

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Old 01-28-09, 04:10 PM   #1
zigdot6zigdot6 is offline
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Icon14 How to bring step child?

recently filed I-130 for wife and was advised to list her daughter on her I-130 but since she and her ex-husband had joint custody at the time, her daughter could not come with her at the time. her ex has now reconsidered and she has sole custody and a letter from the ex stating the child can come to live with her mother here in usa. can i use the IR-2 I-130 process for her as my "child" even though she is stepchild...unfortunately as i now am reading that was likely the wrong path...can she still come as IR-2 without waiting for a visa number via me as US citizen, or will she have to be entered on her mother as a LPR and go into the endless visa number waiting list...i am praying that is not the case...the girl is 10 years old and her mother will have to return to be with her there after just getting the LPR for here...looks like embassy in her country gave us bad advise and her husband jerking her around has left us in a bind into the potential distant future
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Old 01-28-09, 04:33 PM   #2
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Originally Posted by zigdot6 View Post
recently filed I-130 for wife and was advised to list her daughter on her I-130 but since she and her ex-husband had joint custody at the time, her daughter could not come with her at the time. her ex has now reconsidered and she has sole custody and a letter from the ex stating the child can come to live with her mother here in usa. can i use the IR-2 I-130 process for her as my "child" even though she is stepchild...unfortunately as i now am reading that was likely the wrong path...can she still come as IR-2 without waiting for a visa number via me as US citizen, or will she have to be entered on her mother as a LPR and go into the endless visa number waiting list...i am praying that is not the case...the girl is 10 years old and her mother will have to return to be with her there after just getting the LPR for here...looks like embassy in her country gave us bad advise and her husband jerking her around has left us in a bind into the potential distant future

You can submit an I-130 petition for the girl. You are married to her mother, she is your stepdaughter.


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Old 01-28-09, 05:56 PM   #3
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Stepchild = child.
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Old 01-28-09, 07:48 PM   #4
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recently filed I-130 for wife and was advised to list her daughter on her I-130 but since she and her ex-husband had joint custody at the time, her daughter could not come with her at the time. her ex has now reconsidered and she has sole custody and a letter from the ex stating the child can come to live with her mother here in usa. can i use the IR-2 I-130 process for her as my "child" even though she is stepchild...unfortunately as i now am reading that was likely the wrong path...can she still come as IR-2 without waiting for a visa number via me as US citizen, or will she have to be entered on her mother as a LPR and go into the endless visa number waiting list...i am praying that is not the case...the girl is 10 years old and her mother will have to return to be with her there after just getting the LPR for here...looks like embassy in her country gave us bad advise and her husband jerking her around has left us in a bind into the potential distant future

You can submit an I-130 petition for the girl. You are married to her mother, she is your stepdaughter.

this is sounds like very good news...but her mother is already here for some months with the I-130 and IR-1 IV already approved...this would be a seperate transaction due primarily to the fathers hold up now removed...if able to do it as i think you are indicating...would she then not be subjected to the various visa limiltations and be able to take the same of similar path as her mother (my wife) did last year who was granted a visa as an IR-1...assuming by your comment that my stepdaughter would classify as an IR-2...thanks again for your quick feedback and hopeful good news
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Old 01-28-09, 08:15 PM   #5
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this is sounds like very good news...but her mother is already here for some months with the I-130 and IR-1 IV already approved...this would be a seperate transaction due primarily to the fathers hold up now removed...if able to do it as i think you are indicating...would she then not be subjected to the various visa limiltations and be able to take the same of similar path as her mother (my wife) did last year who was granted a visa as an IR-1...assuming by your comment that my stepdaughter would classify as an IR-2...thanks again for your quick feedback and hopeful good news


There are no numerical limitations on immigrant visas for immediate relatives. A child (or stepchild) is an immediate relative.

Petition for the girl. When your petition is approved she can apply for her visa.


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Old 01-30-09, 11:20 AM   #6
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Originally Posted by zigdot6 View Post
this is sounds like very good news...but her mother is already here for some months with the I-130 and IR-1 IV already approved...this would be a seperate transaction due primarily to the fathers hold up now removed...if able to do it as i think you are indicating...would she then not be subjected to the various visa limiltations and be able to take the same of similar path as her mother (my wife) did last year who was granted a visa as an IR-1...assuming by your comment that my stepdaughter would classify as an IR-2...thanks again for your quick feedback and hopeful good news


There are no numerical limitations on immigrant visas for immediate relatives. A child (or stepchild) is an immediate relative.

Petition for the girl. When your petition is approved she can apply for her visa.

one last question...any idea how long the approval process takes for the I-130 USCIS and then for the IR-2 / D-230 Embassy interview...thanks?
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Old 01-30-09, 11:25 AM   #7
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Quote:
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Quote:
Originally Posted by zigdot6 View Post
this is sounds like very good news...but her mother is already here for some months with the I-130 and IR-1 IV already approved...this would be a seperate transaction due primarily to the fathers hold up now removed...if able to do it as i think you are indicating...would she then not be subjected to the various visa limiltations and be able to take the same of similar path as her mother (my wife) did last year who was granted a visa as an IR-1...assuming by your comment that my stepdaughter would classify as an IR-2...thanks again for your quick feedback and hopeful good news


There are no numerical limitations on immigrant visas for immediate relatives. A child (or stepchild) is an immediate relative.

Petition for the girl. When your petition is approved she can apply for her visa.

one last question...any idea how long the approval process takes for the I-130 USCIS and then for the IR-2 / D-230 Embassy interview...thanks?

You can get a rough idea of I-130 processing times from the USCIS web site. A few months, I think.

I don't have any idea what the interview backlog in Bangkok is these day.

You left out a step - after the I-130 petition is approved it will be sent to the NVC, which will contact you for the fees and materials that constitute the visa application. How long that step takes depends in part on how quickly you respond to their communications.

If you figure on a year you'll probably be accurate to within a couple of months.


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