Sponsoring Step Child

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gibby013

Registered Users (C)
I met my girlfriend about a month ago while she was here visiting from Brazil and we fell inlove and decided to get married next month. My question is that she has a 4 year old daughter living in Brazil and staying with her parents, what is the quickest way to get here sponsored and living in the US with me and her mother? Can her daughter come on a tourist visa with my girlfriend's parent's and file for adjustment of status or should I file for her sponsorship while her daughter is in Brazil. I would hate for her not to be able to see her daughter for a year or however long it takes. Please help!
 
You can sponsor the child after you get married, however it will be a safer bet to have your then wife and step child be petitioned for CP in Brazil together.
It takes about six months for processing, filing together with consular processing will put half of the USCIS'S or Consulars fraud indicators to sleep, worse case scenario if your wife get her papers here, they might make her and daughter get DNA tests done which is time consuming and costs more. Applying together will eliminate all of that if your wife to be does not have any visa overstay or any other issues.
 
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what is cp? I thought that after you got married and applied for adjustment of status that my wife would not be allowed to leave the US until the proccess is complete?
 
CP is consular processing in Brazil, if your wife to be has no other issues like visa overstays etc and can legally stay here until she has her I-130 approved, she can then fly to Brazil when the interview date is near, and appear with her daughter over there and get Immigrant visas from there.
And yes you are right, if you file for adjustment of status then she will be processed her, she can travel while she is in the process with a Advance Parole Document provided if she has no overstay issues here, but in that scenario her daughter will be processed in Brazil.
If her parents can bring her here on a Tourist B-2 visa then yes sure she can adjust status here with her mother.
 
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Doesn't the whole I-130 process for my wife take a year or more to complete? This would mean that they wouldnt be together for a year or longer? There is no quicker way? I thought I read somewhere that me filing for her daughter as my stepchild would mean that her daughter could get approved even quicker than my wife would. Sorry for being clueless but I am just really worried about all this. Thanks so much for responding!
 
Your wife I-130 with adjustment will be done in under 3-6 months period if everything goes smoothly, remember if they are not satisfied with the marriage it can take much longer until they get satisfied that this marriage is not entered to evade any immigration laws. They will be a little suspicious because you got married within one month of knowing each other.
 
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Well we are waiting till after the 60 days but I am confident that the process will go smoothly because we really do love each other, and will be obtaining a lawyer to help facilitate everything. She is just worried that she wont see her daughter for a year or so. Her parents are planning to come visit in October and were planning on bringing her daughter along. Can her daughter visit here on a tourist visa while the process is ongoing? And was everything I was reading correct where I saw that I needed to apply for the green card for both my wife and step child at the same exact time?
 
If her mother brings my step daughter here on a tourist visa in October, wont adjustment of status be difficult because Immigration will see that she was brought here on the pretense of me trying to keep her here and applying for adjustment?
 
Yes, her child can adjust status here with her if she is coming Oct 4 and yes it will be better if you apply for their green cards together. Gather as much evidence as you can of a Bonafide relationship.
 
Thanks so much for helping, I really really really appreciate it. One last thing to clarify.......if her daughter comes October 4th and we apply for adjustment of status in october for both of them, will immigration throw up a huge red flag knowing we got her daughter a tourist visa just to get her here to file and adjustment righ away?
 
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