lova13

Hello,
If we do DCF, direct consular filing, in Sweden (husband US citizen, I am Swedish) can we include my son? My husband is not the father. My son is 19, will probably by 20 by the time we apply.

Thanks,
Jenny

lairdside

Possibly, how old was your son when you married your husband?. Your son possibly qualifies as the stepson of your husband.

In immigration terms both a natural child or stepshild are a "child" as long as the marriage creating the relationship took place before the child was 18 in the case of a stepchild.

Folinskyinla

If your son was UNDER 18 on the date you married, he is your husband's "step-son."

If he is NOT your husband's stepson -- then the K-3/4 might be the way to go -- he would be eligible for a K-4 if you get a K-3.

It is an open question as to whether or not the the K-4 son could then adjust status in the United States. I can argue it both ways. The immigration authorities these days tend to follow a principle of statutory construction adverse to aliens [many lawyers give this prinicple the nicknmae of "FTA"], but arguments can be made the other way.

lova13

Unfortunately he is not a stepson, he was over 18. That's what I was afraid of.

But if we do DCF, do I become a lawful permanent resident immediately, and don’t have to apply for AOS? And if so, can I then petition for him for an immigrant visa?

This is what I found on the Swedish consulates webpage:

"IMMIGRANT VISAS FOR IMMEDIATE RELATIVES
An American citizen may petition for immigrant visas for his or her spouse, parents, children, and siblings. A _permanent resident alien_ may petition for immigrant visas for his or her spouse and _unmarried children_."

http://www.usemb.se/Consulate/iv2.html

It also says:
“There are only a limited number of such visas issued each year, and a surplus of applicants. The result is a waiting list�.

But with the new age-out law, Child Status Protection Act (CSPA), I read somewhere that they speed up the process if you mark the petition with “Age-out-case� in big red ink-letters.

Thanks for any advice,
Jenny

lairdside

Just checking... FTA = **** the Aliens?

Ouch.

lairdside

The wait time for children under 21 of LPR's is currently about 5 years.

I'm by no means sure of this but I don't think that CSPA would help you. I believe that a visa number has to be available?

Mr F may clarify this one for you - I hope.

Once he's over 21 you'd have to be a USC to petition for him.

lova13

I suppose you are right about an available visa-number. But on

http://uscis.gov/graphics/howdoi/child.htm

it says:
"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)"

so I guess I, as a lawful permanent resident, can petiton for him but It will take time.

thanks,
Jenny

lairdside

Right you are

You'd probably be faster to Naturalise and petition for your son then than to file as a PR to be honest.