Santa Ana Immigration Attorney

You can file an immigrant visa petition for the daughter once you are married.

Unless you know what you are doing, it is always recommended that you hire an attorney. Meanwhile, you start by filing an I-130 petition for your minor daughter after you are married. It takes about a year or so for an appointment at the DR office.

You may petition her as long as she is under 18 at the time you marry her father.

If you are a US citizen and you marry your fiancee, you can file an I-130 visa petition for him/her. Whether they can apply for an immigrant visa or adjustment to lawful residency depends on their background.

You can file an I-130 petition for your step-daughter. If the I-130 petition is approved, then your step-daughter will process through the US Embassy in her home country to get an immigrant visa. Upon her arrival in the US, she will be a Legal Permanent Resident, albeit conditional in a nature.

You can file an immigrant visa petition on your behalf your stepdaughter assuming she was under 18 at the time she married. The length of time to process the case will depend upon her age and marital status at the time of filing. Assuming your stepdaughter is under 21 and you are a U.S. citizen, the process will take about 1 year. You are looking at approximately $1500 in various filing fees. The exact amount of fees will depend upon whether she is in the United States or in her native country. Attorneys' fees depend upon the specific firm. Our firm typically charges a flat fee for our services of $1500 unless there are some other issues. The U.S. government will look at your salary. You will need to make a sufficient salary to sponsor your wife, stepdaughter, and baby, if born. You can obtain a co-sponsor if your income is not sufficient.

The first question I have is whether you are a U.S. citizen. Lets assume, for purposes of your question, that you are a U.S. citizen. The second question is whether your fianc is presently in the U.S. Lets assume your fianc is in the United States as you imply she is present by your comment regarding counting both your income and that of your fianc. If your fianc is currently in the U.S. then getting married and adjusting status based on her marriage to a U.S. citizen (you) is likely the best option. Lets also assume the daughter in the Dominican Republic is unmarried and under age 21. The next step would be to file the appropriate forms on behalf of your fiancs child in the Dominican Republic. Eventually they would be issued Visas in their native country(ies) and enter the U.S. Financially speaking, you (the petitioner) would need to have an income and/or property that satisfies the current poverty guidelines based on the number of individuals you would support. With respect to the amount of time required I cannot give an estimate at this time.

If your fiancee's child is under 21 years old she may come to the US along the mother with the K-2 visa that will be applied at the US Consulate at the same time as her K-1 visa. The fiancee visa process must start with a petition at the USCIS (Form I-129F) and finish with the visa processing at the Consulate. If the daughter is over 21 years old and unmarried, your wife may petition for her once she has adjusted her status and became a permanent resident. The income required to financially support her (as shown on the Affidavit of Support) will be your wife's and if need be, yours in addition, at the time of the visa processing.

You must file a separate I-130 visa petition for your step daughter. She will require an affidavit of support by you for her adjustment/visa application. You can include your wife's income if you resided together for 6 months and she worked lawfully in the U.S.

If you are a citizen and you marry your fiance before the daughter turns 18, you can petition for her as your stepchild. You must be making sufficient income under the poverty guidelines to sponsor both of them plus anyone else living in your house that is related to you by birth, marriage or adoption.

You will have to petition for the future stepdaughter. Alternatively, the stepdaughter could come in at the same time as the K1 fiancee visa, under a K2 visa.