Can I petition for my fiance and my soon to be step-daughter? 7 Answers as of August 06, 2011I am a US citizen and my fiance and I will be getting married soon. I want to petition for both him and my soon to be step- daughter, who is 18. Do I have to be married first to petition for my step daughter or legally adopt her before or can I do both at the same time?
Kazmi & Sakata | Harun Kazmi
If your fiance entered on a K1 visa and his daughter on a K2, you can file for her at the same time (after the marriage) without adopting. However, if they are in the US under a different visa status, you cannot petition the daughter, because she must be under 18 before your marriage.
Answer Applies to: California
Fong & Associates | William D. Fong
Very unfortunate timing. After you get married, you can file for your spouse as he is an "immediate relative" as the spouse of a US citizen. The problem is that his daughter is already 18, and to create the qualifying step-parent/step-child relationship; the marriage must be completed before she turns 18. Since you are not yet married and she is already 18, you can never petition for her, as she will never qualify as a child of a US citizen for immigration purposes. Adoption will not work either, as the adoption must be completed prior to the child turning 16 for immigration purposes. After her father is an LPR (about 6 months), he can start the petition process for her, but since he will only be a permanent resident, his daughter will be a FB-2A, minor child of an LPR, with a priority date backlog of approximately 3 years for most countries. She can then apply for her immigrant visa. If she is going to college outside the US, her permanent resident immigrant visa should be ready for her by the time she graduates (4 year degree). Consult with an experienced immigration attorney.
Answer Applies to: Texas
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
No you can petition for both your Fiance and step daughter (as long as she is under 21yrs). If you marry then you must file for step-daughter before she turns 18. Different rules for different visas, that's why you should retain an Attorney as the law is complex.
Answer Applies to: Florida