QUESTION
Do I have to wait for my future wife to be a resident before I can bring her daughter here?
Asked on Oct 31st, 2011 on Immigration - Texas
More details to this question:
I am looking to marry a woman who is from another country. She currently resides here illegally. Also she has a daughter that resides in her native country. Do I have to wait until her mother (my future wife) is a legal resident before I can bring her here safely? And is it true that it takes 9 months before her mother can reside here legally with me? I am a legal citizen that was born here.
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Once you are married you may petition for your stepdaughter to come to the U.S. provided she is unmarried and under 18. Sometimes the consulate will want to see the Moms case adjudicated first but we have done several where this was not a requirement. With regard to the Mom the length of her case will depend on her complete immigration history did she come legally and overstay? Has she left the U.S. after getting out of status? Does she have a legal entry? Any criminal record? I suggest you call for a consultation and we can sort out the facts and then advise on the process, timing and fees for both your fiance and her daughter. If she entered with a visa and then overstayed and there are no other complications, it should be about 4 months for her permanent residency.
Answered on Nov 07th, 2011 at 9:39 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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No, you should not. I suggest that you hire an immigration attorney because there might be some bumps along the way.
Answered on Nov 03rd, 2011 at 12:20 AM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
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You do not have to wait for your wife to receive green card before you file petition for your step daughter. Once you marry her, you can file petition for your stepdaughter right away. For your wife, unless she entered the US legally, she may not be eligible to adjust her status to permanent resident. Instead, she may have to return to her own country to apply for immigrant visa. Then she will be subject to 3 year or 10 year bar depending on how long she has been in the US illegally.
Answered on Nov 02nd, 2011 at 2:23 PM
More information is needed. Did your fianc enter the U.S. with a visa. If not, there will be complications. In general, the process of lawful U.S. immigration has become extremely complicated, even for those married to U.S. Citizens. In some situations, there is nothing that can be done in the U.S. To leave, a person may be forced to remain outside the U.S. for up to ten years, perhaps longer. I strongly recommend an appointment with a competent and experienced immigration attorney.
Answered on Nov 02nd, 2011 at 1:31 PM
Assault Attorney serving Richardson, TX
2 Awards
The wait is usually much shorter, but it may be more of a problem in some countries. It is possible to bring the daughter if a minor with the mother if you are married. Consult with a lawyer for the details.
Answered on Nov 02nd, 2011 at 9:33 AM