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My Name is Tofik Mohamed, I am USA citizen. six month ago, I Filled i-129f for my fiancee a process her case on initial review.

Minneapolis, MN |

My Name is Tofik Mohamed, I am USA citizen. six months ago, I Filled I-129F for my fiancee a process her case still on initial review and she has one daughter. But, My fiancee and her daughter not live together. My fiancee live now Djibouti for work and her daughter live Ethiopia. I am stepfather for my fiancee daughter. While my fiancee case is initial review. Can i file for her daughter i-130 form or I have to wait till the fiancee come to usa?

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Attorney answers 6


Not until you actually get married with your fiancee.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


How, exactly, are you the stepfather of your fiancee's daughter, if you haven't married the mother yet? It sounds like you're going to be the stepfather one day, but are not yet. Is that correct?

You could marry your fiancee, and then file I-130 petitions for both. But until you have a legally recognized relationship to the daughter, you won't be able to file an I-130 for her.


I agree with my colleagues. Even if things are as they say, daughter's case will not be approved before mother's is approved.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


To petition your step daughter for permanent residency, you have to wait until after you she arrives in the USA on a K-2 visa, you marry the mother and then you'll be able to fi,e for the "green card" applications of both your new wife and step-daughter; not before.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Carl Michael Shusterman

Carl Michael Shusterman


Good answer


No, you cannot file I-130 for "stepdaughter" until you are actually married to her mother.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


For immigration purposes (and most other legal purposes) you must marry the mother before the child can be your stepdaughter.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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