Immigrant visa for former stepchild

Lorr

New Member
The situation is that I had already filed I130 and received approval for myself, stepchild and husband then. We divorced after 5 years of marriage. The petition was still pending. It is now being processed, with myself and new husband. I still see me former stepchild's name on it. She's now 20, can I continue the process for her?

The approval was granted when she was 6 years old.
 
Back up a second. You can’t file an i130 for yourself. Who filed for you, and what kind of petition was it - I presume either F3 or F4? You changed your husband on the petition but left your previous husband’s stepchild on? Do you still have a relationship with this stepchild?
 
FYI this is what uscis says:

Normally, a step relationship terminates when a marriage ends, especially if it ends in divorce. See Matter of Simicevic , 10 I. & N. Dec. 363 (BIA 1963). However, under certain circumstances a step relationship may continue after the death of the natural parent or even after the legal separation or divorce of the stepparent and natural parent if there is an ongoing relationship between the stepparent and stepchild (see Matter of Pagnerre , 13 I. & N. Dec. 173 (BIA 1971), Matter of Mowrer , 17 I. & N. Dec. 613 (BIA 1981), and Matter of Mourillon , 18 I. & N. Dec. 122 (BIA 1981)). If the marriage ends in annulment, however, the step relationship is deemed to have never existed because legally the marriage never existed.

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4805.html
 
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