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Can I file I130 for 19 year old unmarried daughter of my spouse?

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  • Can I file I130 for 19 year old unmarried daughter of my spouse?

    I am filing I-130 for my wife. She has an unmarried 19 yr daughter - can I file for her?

    If not, how can I get her to the USA - she has a B1/B2 visa currently.

  • #2
    If your marriage occurred before the daughter turned 18, you can petition her.

    If not, only the wife can petition the daughter, with a 20-month waiting period.

    --Ray B

    Originally posted by sfsf View Post
    I am filing I-130 for my wife. She has an unmarried 19 yr daughter - can I file for her?

    If not, how can I get her to the USA - she has a B1/B2 visa currently.

    Comment


    • #3
      Originally posted by rayb View Post
      If your marriage occurred before the daughter turned 18, you can petition her.

      If not, only the wife can petition the daughter, with a 20-month waiting period.

      --Ray B

      Ouch - If she is here on an F1 student visa, can her mother petition her while she is a student?

      Thanks

      Comment


      • #4
        When the mother is here with a Green Card, the mother can petition the daughter, but it will take about two years for the daughter to be eligible to apply for Adjustment of Status (when her Priority Date becomes current).

        --Ray B

        Originally posted by sfsf View Post
        Ouch - If she is here on an F1 student visa, can her mother petition her while she is a student?

        Thanks

        Comment

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