Do we need to file first and then get our marriage certificate or the opposite and how do we file paperwork to give her daughter permission to come? 9 Answers as of June 14, 2013

I am a citizen going to marry my fiancé who is legally here on her tourist visa for multiple entries. Daughter (age 11 resident of the Philippines) does not have a visa(never applied).

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You have to get legally married first and then file because until you are actually married, there is no basis for any type of filing. Once your spouse gets her green card, her daughter will be able to get her immigrant visa in the Philippines at the US Embassy. You have to petition for the daughter separately, as your stepchild.
Answer Applies to: California
Replied: 6/14/2013
Law Office of Adebola Asekun | Adebola O. Asekun
It is your marriage that forms the basis of your eligibility to file a petition and hence, you need to marry first before you can file petition for your intended spouse. Second, if she is physically present in the US, you can concurrently file with the I-130 petition, her Form I-485 application for adjustment [green card] With regards to her daughter, upon your marriage, she becomes your step daughter And in this instance, for immigration purposes, a marriage to the alien occurring before the child of the alien turns 18 years is deemed to also be your own child and so, you can separately file an I-130 petition for her. In my opinion, you should retain an attorney to assist you
Answer Applies to: New York
Replied: 6/13/2013
Donald Harris Law Firm | Donald Harris
The order does not matter in this case. However, tourist visa visitors that want to change status to F-1 are scrutinized extremely high. Once the Mother gets the F-1 it will be easy to bring in the child.
Answer Applies to: Ohio
Replied: 6/13/2013
Law Office of Eric Fisher | Eric Fisher
You need to be married to file the I-130 visa petition for a spouse. If your fiance returns to the Philippines to get her daughter first, you would need to file an I-129f fiance petition. After she returns with the fiance visa, you would then need to marry within 90 days of her return.
Answer Applies to: Colorado
Replied: 6/13/2013
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
I would first get mom a green card through the marriage and then apply for the child's tourist visa.
Answer Applies to: California
Replied: 6/13/2013
    Walker & Ungo Law Firm
    Walker & Ungo Law Firm | Gabriela Ungo
    You need to get married 1st, and file the petition for alien relative with a copy of the marriage certificate and an adjustment of status to permanent resident application . File a separate I-130 for your step-daughter and consular process her green card in Philippines.
    Answer Applies to: Mississippi
    Replied: 6/13/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You must first be legally married before your fiance can apply for a green card. Her daughter will become your step-daughter and qualifies for a green card through you but you must file a separate visa petition for her. Once approved the daughter must apply for an immigrant visa to come to the U.S. You should consider hiring an attorney if you are not clear about the application process given the circumstances. Little mistakes can cause huge delays or even a denial. Best of luck!
    Answer Applies to: California
    Replied: 6/13/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    You need to get married first, the daughter will need to be sponsored by you as well. I suggest you consult with an immigration attorney as the process will involve a lot of details and paperwork.
    Answer Applies to: New York
    Replied: 6/13/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You can petition for your daughter at any time assuming she is your biological daughter. You will need to first marry your fiance? and then petition for her to receive an immigrant visa. However, she needs to be careful. If she entered the U.S. with her tourist visa intending to seek lawful permanent residence, she could have a very significant problem. You need to consult an experienced immigration attorney.
    Answer Applies to: New York
    Replied: 6/13/2013
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