Should my stepdaughter apply for tourist visa first then once here I can mail off the I130 as her sponsor?

I think you will be better off if you file the I-130 and enters the country as immigrant. If she enters the country as a visitor and then file the I-130, she may have the dual intent problem.

Coming to the US on tourist visa the intention to stay permanently is fraud. She should apply for a work permit. *H-1B Specialty Occupation Visa* You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing. There are only a limited number of H-1B's and it must be filed by April 1. However, it is still possible it will not get selected for this years allotment.

Whether a B1/B2 visa helps her in this case in a manner as you presumably intend it depends on where she stands in priority against other beneficiaries of an I-130 petition.

She is only a "stepdaughter" for immigration purposes if you married the parent before she turned 18 years of age. In addition, if she enters with a tourist visa, she will not be allowed to stay. If you file the I-130 before or after entry, she still cannot stay permanently. She can stay permanently after the I-130 is filed, granted and when there is a visa available. Make an appointment for greater details.

She can try to get a B-2 visa but if she is seen as an immigrant flight risk, she may be denied a visa.

You may want to consider just filing for you step daughters residency. If she gets a tourist visa and is admitted fine but it is going to be extremely difficult. There will be a presumption she will remain in the US because she has US citizen relatives and most likely her visa will be denied. Speak to an attorney about the details but to save you many headaches you may just want to file for the green card.

You should not wait to file the I-130. If you are a US citizen, you may petition for your stepdaughter if you were married to her father before she turned 18 years of age. If you are only a resident, you may petition for her only if she is unmarried.