Sponsoring Step ChildI met my girlfriend about a month ago while she was here visiting from Brazil and we fell inlove and decided to get married next month. My question is that she has a 4 year old daughter living in Brazil and staying with her parents, what is the quickest way to get here sponsored and living in the US with me and her mother? Can her daughter come on a tourist visa with my girlfriends parents and file for adjustment of status or should I file for her sponsorship while her daughter is in Brazil. I would hate for her not to be able to see her daughter for a year or however long it takes. Please help!
You can sponsor the child after you get married, however it will be a safer bet to have your then wife and step child be petitioned for CP in Brazil together.
It takes about six months for processing, filing together with consular processing will put half of the USCISS or Consulars fraud indicators to sleep, worse case scenario if your wife get her papers here, they might make her and daughter get DNA tests done which is time consuming and costs more. Applying together will eliminate all of that if your wife to be does not have any visa overstay or any other issues.
what is cp? I thought that after you got married and applied for adjustment of status that my wife would not be allowed to leave the US until the proccess is complete?
CP is consular processing in Brazil, if your wife to be has no other issues like visa overstays etc and can legally stay here until she has her I-130 approved, she can then fly to Brazil when the interview date is near, and appear with her daughter over there and get Immigrant visas from there.
And yes you are right, if you file for adjustment of status then she will be processed her, she can travel while she is in the process with a Advance Parole Document provided if she has no overstay issues here, but in that scenario her daughter will be processed in Brazil.
If her parents can bring her here on a Tourist B-2 visa then yes sure she can adjust status here with her mother.