Bringing wifes child to US
Nov 14th 2003, 3:18 am
#1
Guest
Posts: n/a
Bringing wifes child to US
Hello,
I'm new to this forum. Both me and my wife are LPR of US.
We got our PRs thru my employer almost 4 yrs ago. My wife
has a son (just turned 18) who was living with his father
until now. The childs father who had the legal custody of the
child just passed away. (they live outside US) Now we really
want to file a petition to bring the child to US to be with us.
What is the best way to do this ? How soon can he join his
mother and me. Any help on this is much appreciated as me and
my wife are really heart broken on this issue.
ae
I'm new to this forum. Both me and my wife are LPR of US.
We got our PRs thru my employer almost 4 yrs ago. My wife
has a son (just turned 18) who was living with his father
until now. The childs father who had the legal custody of the
child just passed away. (they live outside US) Now we really
want to file a petition to bring the child to US to be with us.
What is the best way to do this ? How soon can he join his
mother and me. Any help on this is much appreciated as me and
my wife are really heart broken on this issue.
ae
Nov 14th 2003, 3:53 am
#2
Joined: Mar 2003
Posts: 68,280
Re: Bringing wifes child to US
A lawful permanent resident may petition for:
A child (unmarried and under 21 years of age)
An unmarried son or daughter (over 21 years of age)
A lawful permanent resident may not petition for a married son or daughter.
If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available.
For all the details http://uscis.gov/graphics/howdoi/child.htm
A child (unmarried and under 21 years of age)
An unmarried son or daughter (over 21 years of age)
A lawful permanent resident may not petition for a married son or daughter.
If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available.
For all the details http://uscis.gov/graphics/howdoi/child.htm
Nov 14th 2003, 6:58 pm
#3
Guest
Posts: n/a
Re: Bringing wifes child to US
I'm actually a bit confused about the following-to-benefits and
whether
we're eligible in our case. Here's the part we're confused because
we were already married when we entered US and later received PR. The
child
was from my wifes's previous marriage. Can someone clarify ?
thanks
Also, for your child to be eligible for following-to-join benefits, he
or she must:
Be unmarried and
Be under 21 years of age and
Have been a child from a marriage of yours (the marriage must have
existed at the time of your admission to the U.S.) or
Have been a stepchild from a marriage of yours (the marriage must have
existed at the time of your admission to the U.S.) or
Have been legally adopted prior to your admission to the U.S., and
otherwise qualify as an adopted child under the immigration law.
ray6 <member@british_expats.com> wrote in message news:<[email protected]>...
> A lawful permanent resident may petition for:
>
>
>
> A child (unmarried and under 21 years of age)
>
> An unmarried son or daughter (over 21 years of age)
>
> A lawful permanent resident may not petition for a married son or
> daughter.
>
>
>
> If you had children before you became a permanent resident and you did
> not immigrate as an immediate relative of a U.S. citizen, your
> unmarried, minor children may be eligible to receive following-to-join
> benefits. This means that you do not have to submit a separate USCIS
> Form I-130 (Petition for Alien Relative) for your children, and your
> children will not have to wait any extra time for a visa number to
> become available.
>
>
>
> For all the details
> http://uscis.gov/graphics/howdoi/child.htm
whether
we're eligible in our case. Here's the part we're confused because
we were already married when we entered US and later received PR. The
child
was from my wifes's previous marriage. Can someone clarify ?
thanks
Also, for your child to be eligible for following-to-join benefits, he
or she must:
Be unmarried and
Be under 21 years of age and
Have been a child from a marriage of yours (the marriage must have
existed at the time of your admission to the U.S.) or
Have been a stepchild from a marriage of yours (the marriage must have
existed at the time of your admission to the U.S.) or
Have been legally adopted prior to your admission to the U.S., and
otherwise qualify as an adopted child under the immigration law.
ray6 <member@british_expats.com> wrote in message news:<[email protected]>...
> A lawful permanent resident may petition for:
>
>
>
> A child (unmarried and under 21 years of age)
>
> An unmarried son or daughter (over 21 years of age)
>
> A lawful permanent resident may not petition for a married son or
> daughter.
>
>
>
> If you had children before you became a permanent resident and you did
> not immigrate as an immediate relative of a U.S. citizen, your
> unmarried, minor children may be eligible to receive following-to-join
> benefits. This means that you do not have to submit a separate USCIS
> Form I-130 (Petition for Alien Relative) for your children, and your
> children will not have to wait any extra time for a visa number to
> become available.
>
>
>
> For all the details
> http://uscis.gov/graphics/howdoi/child.htm
Nov 14th 2003, 8:00 pm
#4
Joined: Mar 2003
Posts: 68,280
Re: Bringing wifes child to US
[i]Be unmarried and
Be under 21 years of age and
Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.
Be under 21 years of age and
Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or
Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.
Nov 14th 2003, 9:59 pm
#5
BE Forum Addict
Joined: Sep 2003
Posts: 2,033
Re: Bringing wifes child to US
Originally posted by ray6
A lawful permanent resident may petition for:
A child (unmarried and under 21 years of age)
A lawful permanent resident may petition for:
A child (unmarried and under 21 years of age)
If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits.
This is what I get as facts from the OP's post:
- the wife's son is under 21 years of age and she had him before she became an LPR
- husband and wife both are LPR's through employment, they didn't immigrate as an immediate relative of a U.S. citizen
so the son may be eligible to receive following-to-join benefits, according to the quotes off the uscis site, as posted by Ray6. Right? Or not?
In any case, I wish you guys good luck with this sad situation, hope it gets resolved quick.
Elaine
