married stepdaughter

[jmcdonaltx]

i sure hope i can get a bit of insight to my query.i am an LPR,my spouse is a USC.we got married before my daughter(from previous marriage)turned 18.
my daughter is now 25 and also married to a TPS holder.my son inlaw(tps holder)is physically stateside,my daughter is in Canada.....

can my wife file i130 for my daughter?

if so....
would my daughter have to remain in Canada till it was approved?
or
would my daughter be able to come to USA while i130 is pending?

the TPS holder does not have any rights at this time to petition himself.

regards,
john

 

[cherr1980]

Since your daughter is over 21 and married she will have to wait for a visa number become available under her category.
Your spouse can file her I-130 but then they will have to wait for a visa number and a priority date.
I think she will be able to visit but is up to the officer at the port of entry to let her in. Sometimes when there is a pending petition and they found out they can knowledge the intent of immigrate and that is the problem. But since is from Canada I think that the regulation to her to visit are not so strecht as in other cases.
You look for other posts and answers.

Good luck,