Can my US Citizen spouse file I-130 and I-485 for the step daughter?
My spouse is US citizen. I am out of status. I have a daughter with me. My daughter has been a step daughter due to our marriage in the US. My spouse files I-130 and I will filed I-485 concurrently. Can my US Citizen spouse file I-130 and I-485 for the step daughter?
Hello,
If you and your daughter entered the US legally, and you married your USC spouse before your daughter turned 18 years old, you may file for her form I-485 Adjustment of Status at the same time as the form I-130. Good Luck
Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen A. Emenike, Attorney at Law
Well, let's see: Can Your Spouse Petition for Your Daughter?
Yes, BUT only if the marriage occurred before your daughter turned 18.
Critical Requirement: Age of the "child" at Time of Marriage.
The stepparent-stepchild relationship must be created before the child turns 18:
Accordingly, if you married your US citizen spouse before your daughter's 18th birthday = Your spouse CAN petition for her.
If you married your US citizen spouse after your daughter turned 18 = Your spouse CANNOT petition for her as a stepchild.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Board Certified Specialist in U.S. Immigration Law, The State Bar of California...
The US citizen spouse files I-130 and the petitioned spouse files an I-485 concurrently. The US Citizen spouse can file an I-130 for a stepdaughter under 18 at the time of the US citizen marriage to her parent and the stepdaughter would file an I-485 with the I-130 petition.
Please acknowledge my answer as "BEST ANSWER" and/or "HELPFUL"? If you think so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
