Help Please!! I Have A Question

N

Natifah

New Member
HI.........My 19 yr old daughter and i are from Trinidad and in a short few months i'm about to get marrried to my boyfriend who is a us citizen who lives in Atlanta. My question is, can my husband to be file for her when we get married or is she to old because she passed 18?.....One more thing. Someone told me that he will have to adopt her, but i was once again wondering if she's too old because she passed eighteen or could he because she haven't turned 21 yet? I'm so confused bout all of this. I'll be glad for any feed back.

Thanking You in advance for your replies.
Bye.
 
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hey Trini....

I Am In Trinidad Right Now And Awaitng My Aos Interview.
Its Nice To Finally Meet A Trini On Here Too.
Once She Turns 21 She's Considered Aged Out So Get Things Done
Quickly.
He Doesn't Need To Adopt Her But You I Believe She Can Be Sponsored As Long As You Include Her On Your Application.
Please Reply So Maybe We Can Share Some Info.
I Live In San Juan......
 
All of the above is entirely incorrect. Here is the situation:

1. You will be an immediate relative of a USC, THERE ARE NO DERIVITIVE BENEFICIARYS FOR IMMEDIATE RELATIVES.

2. You future husband is NOT the child's father and therefore he cannot file for her.

3, For adoption to work, he would have to adopt her BEFORE her 16th birthday. That obviously is not possible.

4. You need to get your GC and then YOU need to file for her.

Speak to an immigration attorney for specific advice. I have not reviewed your situation in detail.
 
of course, there are derivative beneficiaries for immediate relatives of USC. Why would then spouses of USC include their children on I-130 filed by the USC on a spouse's behalf?
 
http://uscis.gov/graphics/publicaffairs/newsrels/life081401.htm

why don't you try getting K3 and K4 visas after you get married? it's faster than just waiting for I-130 to be processed. AOS in Atlanta takes about 3 years. K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment of status and may wait in the United States until they must appear at the consulate for their visa interview.

There was something about aging out for a kid (turning 21) and filing a separate I-130 by USC spouse on kid's behalf. Research that as well.
 
usnycus said:
Your husband can sponser step child if your marriage happend before the stepchild’s 18th birthday.

Check following link:

http://uscis.gov/graphics/howdoi/childproc.htm
Click to expand...

Clearly the marriage did not happen before the child's 18th birthday since the original post states the the Daughter is 19.

No, there are NOT derivatives for immediate relatives. See INA Sec. 203(d). However, children who are UNDER 18 at the time of the marriage qualify for a separate immigrant petition filed by the USC (the definition of "child" under INA Sec. 101(b)(1) includes stepchildren so in that respect my answer was inaccurate). Since the original post clearly stated "My 19 yr old daughter and i are from Trinidad and in a short few months i'm about to get marrried to my boyfriend who is a us citizen" it is clear that adjustment due to marriage of the parent to a USC will not work since che daughter is no longer a "child".
 
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Jim,

Yes. You are right. Natifah's daughter is not eligible for stepchild benefit.

I just wanted to point out the fact that it's possible (in other cases).
 
usnycus said:
Jim,

Yes. You are right. Natifah's daughter is not eligible for stepchild benefit.

I just wanted to point out the fact that it's possible (in other cases).
Click to expand...

You are right. I should have been more clear that it is possible in other circumstances.
 
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