Question about stepchild of US Citizen (visa overstay)

Z

zonryza

Registered Users (C)
I have a question abou the following scenario.
A mother and daughter enter the USA with a b-1 visa (tourist). They both overstay their tourist visa for about 3 years. Mother marries a US Citizen. USC husband wants to petition for wife and step-daughter.

We all know that mother won't have any problem adjusting status here in the USA because she entered w/ a visa. My questions are:

1) What would be the best way to proceed so that step-daughter (she's 6 years old) would obtain Residency?
2) Does she have to pay a fine?
3) Does an I-601 need to be submitted on her behalf?
4) Does USC step-father need to submit a separate I-130 for the stepchild?

Thank you.
 
step-child visa overstay

Dear "REAL CANADIAN"
Thank you for your re-assurance.

We know how to fill out the forms, that's not an issue. BUt in the case of the step-child of the US Citizen, I need to know the following:

1) Does her step dad file a I-130 separately for her?
2) Can she be petitioned for as a derivative
3) Does she have to have a separate I-485 submitted for her as well?

THanks!
 
question 1 & 3: yes the step dad needs to file i130 n i485 for her
question 2: no there is no derivative in IR category
 
Dear wtnginatl:
Thanks for your reply. Hmmm, there is no such thing as derivatives in IR (spousal) category? Ok, so basically, husband/step-dad needs to file separately for each party (wife and step-child....separately), right?

So, my next question would be this..... The child's i-485, section 2, would NOT be marked as Box B, because she does not fall in the derivative category, correct? She would mark A, correct? But......she would be considered "child of US Citizen" and there are no immediate visa numbers available for "children of US Citizens" right now. She'd have to wait a few years.

So, ...back to BOX B....if you say IR's don't have derivatives, what is the child's category then?

I await your reply anxiously. Thanks!
 
She is a minor. She will not be considered an adult child of a US citizen.

zonryza said:
But......she would be considered "child of US Citizen" and there are no immediate visa numbers available for "children of US Citizens" right now. She'd have to wait a few years.
Click to expand...
 
You must log in or register to reply here.
Top