getting her daughter to US

[Robert Fei]

My wife would like to bring her daughter to the US when she turns 16 in June of 2007. Right now her ex has custady untill she reaches 16 and can decide who to live with. So what forms would need to be filled out and when should we start the process. Her ex does not want his daughter to go which may cause some problems also. How long is it taking from filing to the interview. Any advice would be helpful. Robert

[frank1538]

It seems like you've got a couple of choices. I gather that you wife is an LPR, so she might file an I-130 for her daughter. I believe unmarried children of LPRs get put in the second preference category which, for China, means a looooooooong wait of many years.

 

The better option seems to be for you, as the USC, to file the I-130 for her daughter, now your step daughter, since the marriage creating the step child relationship occurred before the daughter turned 18. I don't know for certain, but it would seem that the I-130 processing, which would result in either a CR-1 or IR-2 visa, would take about as long as other I-130s, say upwards of a year.

 

Given the length of time to process, you might consider starting now. The legal custody of the child might have to be established with the mother and the ex's permission might be needed.

[jim_julian]

Robert, the part about her deciding who to live with at 16 should be checked out in detail ... perhaps you've done this. Our experience with our K2, who's birth father would not agree to her emigration unless I paid him a large bribe, is that legally in China 18 is the age where a person legally becomes an adult and can make these decisions.

 

Your wife's divorce paper may have a provision that her daughter may decide who to live with at 16 but legally this may be quite different than emigrating and you still may need cooperation of the birth father. I certainly would check it out.

 

Good luck!