Do I have to wait for my future wife to be a resident before I can bring her daughter here? 6 Answers as of November 07, 2011

Once you are married you may petition for your stepdaughter to come to the U.S. provided she is unmarried and under 18. Sometimes the consulate will want to see the Moms case adjudicated first but we have done several where this was not a requirement. With regard to the Mom the length of her case will depend on her complete immigration history did she come legally and overstay? Has she left the U.S. after getting out of status? Does she have a legal entry? Any criminal record? I suggest you call for a consultation and we can sort out the facts and then advise on the process, timing and fees for both your fiance and her daughter. If she entered with a visa and then overstayed and there are no other complications, it should be about 4 months for her permanent residency.

No, you should not. I suggest that you hire an immigration attorney because there might be some bumps along the way.

You do not have to wait for your wife to receive green card before you file petition for your step daughter. Once you marry her, you can file petition for your stepdaughter right away. For your wife, unless she entered the US legally, she may not be eligible to adjust her status to permanent resident. Instead, she may have to return to her own country to apply for immigrant visa. Then she will be subject to 3 year or 10 year bar depending on how long she has been in the US illegally.

More information is needed. Did your fianc enter the U.S. with a visa. If not, there will be complications. In general, the process of lawful U.S. immigration has become extremely complicated, even for those married to U.S. Citizens. In some situations, there is nothing that can be done in the U.S. To leave, a person may be forced to remain outside the U.S. for up to ten years, perhaps longer. I strongly recommend an appointment with a competent and experienced immigration attorney.

The wait is usually much shorter, but it may be more of a problem in some countries. It is possible to bring the daughter if a minor with the mother if you are married. Consult with a lawyer for the details.

Once you have married, you can petition for your stepdaughter so long as she was under the age of 18 at the time of the marriage. The immigrant visa petition will take approximately 1 year to adjudicate. You can also petition for your wife. She may be eligible to adjust her status in the United States depending upon how she entered the country, any prior immigration history, etc. If she is not eligible to adjust her status in the United States, she may need to return to her native country and process through the U.S. Embassy/Consulate. This may also require her to seek a hardship waiver for unlawful presence in the United States. It is best for you to and your future wife to meet with an immigration attorney in person to review the matter in more detail.