Can I include my daughter in my application for visa adjustment? 15 Answers as of June 25, 2013

I'm in the United States on a tourist visa until 10/11/2011. In the meantime, I`m planning to get married to a United States citizen. I'm divorced and I have a 7 year old daughter abroad. I'm her legal guardian. When I apply for a visa adjustment and a green card, can I apply for her as well or I should wait until I get my green card?

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All American Immigration
All American Immigration | Tom Youngjohn
"Should" is a thorny word. I practice near Seattle, and, when people hire me in this situation, they normally hire me on the condition that we are getting the adult's green card first, which should normally take less than four months. But it's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 10/6/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Include her as a follow to join relative. There is no need to wait until you get your green card, it just makes the process longer. Good luck!
Answer Applies to: California
Replied: 9/16/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Your US citizen spouse will need to file a separate petition for your daughter as his stepdaughter. Since your stepdaughter is abroad this would be a three-step process for her but can be done in one step for you if you are planning to remain in the U.S. until you obtain your permanent residency or travel permit. I suggest legal guidance through these complex processes and if we can help feel free to contact me.
Answer Applies to: California
Replied: 9/15/2011
Matthew I. Bernstein, Attorney At Law
Matthew I. Bernstein, Attorney At Law | Matthew Ian Bernstein
Your spouse will have to file a separate petition on behalf of your daughter. He can certainly do this at the same time as he files your petition, and I would certainly advise that this be done.
Answer Applies to: Illinois
Replied: 9/14/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Your future spouse can apply for your daughter too.
Answer Applies to: Nevada
Replied: 6/24/2013
    Law Office of Jaclyn Miller
    Law Office of Jaclyn Miller | Jaclyn Miller
    Your husband should apply for your child at the same time he applies for you. He needs to file a SEPARATE I-130 petition for the child.
    Answer Applies to: New York
    Replied: 9/14/2011
    Law Offices of Alan R. Diamante, APLC
    Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
    Congratulations. When you marry a United States citizen, your husband can petition your minor daughter for consular processing while he is petitioning you for adjustment.
    Answer Applies to: California
    Replied: 9/14/2011
    Law Offices of Peter Y. Qiu
    Law Offices of Peter Y. Qiu | Peter Y. Qiu
    You should have a lawyer look through your case, although your daughter should have a derivative status.
    Answer Applies to: Illinois
    Replied: 9/14/2011
    Hans Burgos, P.A., Immigration Law Offices
    Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
    Your soon to be USC husband will need to file a petition (Form I-130) on behalf of his daughter; and she will need to follow consular processing of her immigrant visa.
    Answer Applies to: Florida
    Replied: 9/14/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Your daughter requires a separate visa petition by your U.S. Citizen husband. You should consult with an experienced immigration attorney if you are not the child's biological mother.
    Answer Applies to: California
    Replied: 9/14/2011
    Julian & Chin LLP
    Julian & Chin LLP | Larry F Chin
    Your spouse must file a separate petition for your daughter.
    Answer Applies to: Washington
    Replied: 6/25/2013
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    If you are marrying a USC, then she is an immediate relative of his after the marriage. He will need to file a separate application for her to consular process for her green card.
    Answer Applies to: California
    Replied: 9/14/2011
    Joseph Law Firm
    Joseph Law Firm | Jeff Joseph
    You cannot include your daughter on your application, but your wife can file a separate I-130 immigrant visa petition for your daughter. If you would like assistance with the process, please contact our office to schedule an appointment with one of our attorneys. We look forward to assisting you.
    Answer Applies to: Colorado
    Replied: 9/14/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You cannot apply for an adjustment of status for your daughter. Your spouse must file a separate immigration petition on behalf of your daughter as her step-parent. There is no derivative beneficiaries of an immigrant visa petition filed by a U.S. citizen. You must include the information about your daughter on your applications, but she will need an independent basis to immigrate. Her case will be processed in the United States and transferred to the closest U.S. Embassy/Consulate.
    Answer Applies to: New York
    Replied: 9/14/2011
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