QUESTION

Can I petition for my fiance and my soon to be step-daughter?

Asked on Jul 25th, 2011 on Immigration - Florida
More details to this question:
I am a US citizen and my fiance and I will be getting married soon. I want to petition for both him and my soon to be step- daughter, who is 18. Do I have to be married first to petition for my step daughter or legally adopt her before or can I do both at the same time?
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4 ANSWERS

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
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If your fiance entered on a K1 visa and his daughter on a K2, you can file for her at the same time (after the marriage) without adopting. However, if they are in the US under a different visa status, you cannot petition the daughter, because she must be under 18 before your marriage.
Answered on Aug 05th, 2011 at 8:34 PM

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Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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Do none. Just apply for a fiance visa. Best is to hire an experienced immigration attorney
Answered on Aug 05th, 2011 at 5:15 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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Very unfortunate timing. After you get married, you can file for your spouse as he is an "immediate relative" as the spouse of a US citizen. The problem is that his daughter is already 18, and to create the qualifying step-parent/step-child relationship; the marriage must be completed before she turns 18. Since you are not yet married and she is already 18, you can never petition for her, as she will never qualify as a child of a US citizen for immigration purposes. Adoption will not work either, as the adoption must be completed prior to the child turning 16 for immigration purposes. After her father is an LPR (about 6 months), he can start the petition process for her, but since he will only be a permanent resident, his daughter will be a FB-2A, minor child of an LPR, with a priority date backlog of approximately 3 years for most countries. She can then apply for her immigrant visa. If she is going to college outside the US, her permanent resident immigrant visa should be ready for her by the time she graduates (4 year degree). Consult with an experienced immigration attorney.
Answered on Aug 05th, 2011 at 3:47 PM

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Corporate & Incorporation Attorney serving Coral Gables, FL at Hans Burgos, P.A., Immigration Law Offices
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You may petition for your fiance, but not for your soon to be step-daughter since she, having reached the age of 18, would not be considered your "stepchild" under the INA.
Answered on Aug 05th, 2011 at 11:54 AM

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