I-130 and stepchild.
Apr 20th 2019, 12:17 pm
#1
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Location: West Midlands UK Greene County Tennessee
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I-130 and stepchild.
Hi all
My previous marriage while in the U.K was for 20 years and my now EX wife had 2 boys at that time, 2 yrs and 4 yrs respectively. They were my stepchildren , but I never adopted them during that time.
Now researching this , am I right in thinking I can regardless of ever adopting them, apply for the eldest who is now 27 , under the I-130 process. ..
regards..
My previous marriage while in the U.K was for 20 years and my now EX wife had 2 boys at that time, 2 yrs and 4 yrs respectively. They were my stepchildren , but I never adopted them during that time.
Now researching this , am I right in thinking I can regardless of ever adopting them, apply for the eldest who is now 27 , under the I-130 process. ..
regards..
Apr 20th 2019, 1:22 pm
#2
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Location: Phoenix, Arizona
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Re: I-130 and stepchild.
Are you a USC?
Are the sons single or married?
I'm not sure if you can petition for them at all, but if you can, just realize that it can take many years for them to immigrate. Assuming they are unmarried, USCIS is currently working on petitions filed in 2011. If they are married, they fall into a different by category.
See the State Department Visa Bulletin for details.
Rene
Are the sons single or married?
I'm not sure if you can petition for them at all, but if you can, just realize that it can take many years for them to immigrate. Assuming they are unmarried, USCIS is currently working on petitions filed in 2011. If they are married, they fall into a different by category.
See the State Department Visa Bulletin for details.
Rene
Apr 20th 2019, 1:32 pm
#3
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Joined: Apr 2001
Posts: 46,391
Re: I-130 and stepchild.
Rene, He just received his CR-1/IR-1 visa and entered the US. He's not a USC.
Apr 20th 2019, 2:08 pm
#4
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Thread Starter
Joined: Mar 2017
Location: West Midlands UK Greene County Tennessee
Posts: 155
Re: I-130 and stepchild.
Are you a USC?
Are the sons single or married?
I'm not sure if you can petition for them at all, but if you can, just realize that it can take many years for them to immigrate. Assuming they are unmarried, USCIS is currently working on petitions filed in 2011. If they are married, they fall into a different by category.
See the State Department Visa Bulletin for details.
Rene
Are the sons single or married?
I'm not sure if you can petition for them at all, but if you can, just realize that it can take many years for them to immigrate. Assuming they are unmarried, USCIS is currently working on petitions filed in 2011. If they are married, they fall into a different by category.
See the State Department Visa Bulletin for details.
Rene
No not a usc.. But was sure i read somewhere that green card holders were fine...
The stepson is un-married... But when initially looking into this i was hoping for quicker times... But i think you are right, it will take a goid few years..
I will look at the state Department visa bulletin as you advised.. . Thankyou.....
Apr 20th 2019, 2:26 pm
#5
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Posts: 46,391
Re: I-130 and stepchild.
Stepchildren can be petitioned by a USC, i.e. he is your child and your USC spouse petitions for him. He is your stepchild from another marriage so not sure that qualifies your USC wife to petition for him. Especially since he is not a child but an adult. I take it that the young man has discovered that you have moved to the US and wants to move here as well.
Apr 20th 2019, 2:26 pm
#6
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Re: I-130 and stepchild.
I could be wrong, but I don't think you can petition for your stepchildren from a marriage that has been dissolved as they are no longer your relatives.
Frankly I would be surprised if you can.
Frankly I would be surprised if you can.
Apr 20th 2019, 2:36 pm
#7
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Re: I-130 and stepchild.
Would need to stay unmarried.
Apr 20th 2019, 2:38 pm
#8
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Re: I-130 and stepchild.
Stepchildren can be petitioned by a USC, i.e. he is your child and your USC spouse petitions for him. He is your stepchild from another marriage so not sure that qualifies your USC wife to petition for him. Especially since he is not a child but an adult. I take it that the young man has discovered that you have moved to the US and wants to move here as well.
Apr 20th 2019, 4:55 pm
#10
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Posts: 7,002
Re: I-130 and stepchild.
B) Termination of Stepparent-Stepchild Relationship.
Normally, a step relationship terminates when a marriage ends, especially if it ends in divorce. See Matter of Simicevic , 10 I. & N. Dec. 363 (BIA 1963). However, under certain circumstances a step relationship may continue after the death of the natural parent or even after the legal separation or divorce of the stepparent and natural parent if there is an ongoing relationship between the stepparent and stepchild (see Matter of Pagnerre , 13 I. & N. Dec. 173 (BIA 1971), Matter of Mowrer , 17 I. & N. Dec. 613 (BIA 1981), and Matter of Mourillon , 18 I. & N. Dec. 122 (BIA 1981)). If the marriage ends in annulment, however, the step relationship is deemed to have never existed because legally the marriage never existed.
From this page: https://www.uscis.gov/ilink/docView/...-0-0-4805.html
Normally, a step relationship terminates when a marriage ends, especially if it ends in divorce. See Matter of Simicevic , 10 I. & N. Dec. 363 (BIA 1963). However, under certain circumstances a step relationship may continue after the death of the natural parent or even after the legal separation or divorce of the stepparent and natural parent if there is an ongoing relationship between the stepparent and stepchild (see Matter of Pagnerre , 13 I. & N. Dec. 173 (BIA 1971), Matter of Mowrer , 17 I. & N. Dec. 613 (BIA 1981), and Matter of Mourillon , 18 I. & N. Dec. 122 (BIA 1981)). If the marriage ends in annulment, however, the step relationship is deemed to have never existed because legally the marriage never existed.
Apr 20th 2019, 5:10 pm
#11
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Posts: 46,391
Re: I-130 and stepchild.
That has to do with obtaining derivative visas, i.e. K-2, etc., when the foreign love interest, spouse is immigrating to the US. The child needs to be under 18 at the time of the marriage and the time of filing for the derivative visa.
The young man is 27, the marriage lasted 20 years, so assuming my math is correct, the marriage took place before the young man and his brother were 18. However, the fact that the boy's biological mother and his step-father are legally divorced, the legal step relationship has ended; not the emotional one.
The young man is 27, the marriage lasted 20 years, so assuming my math is correct, the marriage took place before the young man and his brother were 18. However, the fact that the boy's biological mother and his step-father are legally divorced, the legal step relationship has ended; not the emotional one.
Apr 20th 2019, 5:23 pm
#12
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Posts: 2
Re: I-130 and stepchild.
That has to do with obtaining derivative visas, i.e. K-2, etc., when the foreign love interest, spouse is immigrating to the US. The child needs to be under 18 at the time of the marriage and the time of filing for the derivative visa.
The young man is 27, the marriage lasted 20 years, so assuming my math is correct, the marriage took place before the young man and his brother were 18. However, the fact that the boy's biological mother and his step-father are legally divorced, the legal step relationship has ended; not the emotional one.
The young man is 27, the marriage lasted 20 years, so assuming my math is correct, the marriage took place before the young man and his brother were 18. However, the fact that the boy's biological mother and his step-father are legally divorced, the legal step relationship has ended; not the emotional one.
Apr 20th 2019, 5:44 pm
#14
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Posts: 2
Re: I-130 and stepchild.
They were 22 and 24 when he divorced and a little bit older when he remarried?
