DMKH

From reading this site, I am able to answer the simpler immigration questions that people ask me (they know I'm in the process myself)

Here's one:

I am about to file AOS (as a spouse of USC) and wondering whether I should file for my daughter now 17. She's not in the US. Is she too old for me to file for her and get her to live with me and hubby in the US?

My Answer: You can file for your child if they are unmarried and less than 21 years old at the same time as you file your petition. Your husband will file the I-130 for her, as her stepdad.


Help! before I mislead some poor soul!

Thanks

Rete

The foreign spouse of a USC cannot file for the adjustment of their child. If the marriage to the USC occurred before the 18th birthday of the child, the USC spouse can file I-130 for the child as the immediate (step)child of a USC. Check the USCIS for the ageout age as this is important. The CPS act should lock them in without aging out. Please check.

Noorah101

I'm a little confused. The spouse is filing AOS, and is wondering whether she can also file AOS for her daughter who is not in the USA? The answer to that is no...the child must be in the USA to go through an AOS process.

I'm not knowledgeable about bringing children to the USA, so I can't comment on your answer, but just wanted to point out to the person asking the question, that it wouldn't be AOS for the child. It would be an immigrant visa.

Rene

Rete

I would caution you to only answer questions for the process that you have gone through. That is what you are familiar with and have knowledge of.

DMKH

Thank You all! Appreciate your advice and words of caution. Thanks!