Which way to file?

[MikeXiao]

I need some help or advice. Now that I have my wife and daughter here, we are looking at starting the paperwork for her son. Let me explain.

She did not get full custody of the boy until her paperwork was on the way to GZ. Now she is here. We have the records for him and are ready to start.

Can I file as a step-parent? Or does my wife have to file? If she files, since she is only a CR, he has a processing wait at VSC. Both paths have a Visa priority date that is currently APR 22, 2001.

So my question is--- Can I file or does my wife have to file?

[tywy_99]

Mike

 

Unless there's someone here who has been through the same situation who can tell you in detail, the only thing I can say is call the CIS helpline and ask. You can also send a letter to Vermont to inquire.

Another option would be to prepare the I-130 for the child and send it in and see what happens. Or your wife could do it but it might be better for you to do it. There's also the conditional status to consider. That would be a question to ask CIS.

Maybe someone who has some experience in this will reply.

 

-good luck

 

 

U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services

Vermont Service Center

75 Lower Welden St.

Saint Albans, Vermont 05479

[frank1538]

Just a couple of thoughts. I can't remember if your wife came over on a K-3, but it sounds like she was CR-1. If so, I believe you can file an I-130 for your step son if you got married before he turned 18. If not, you probably cannot file the I-130. Your wife, assuming she's a legal permanent resident, can also file for her son.

 

I think the main difference is the priorty. If you file, I think the step son has "immediate relative of a US citizen" status. If your wife files, I think her son would be subject to numeric limitations on visas.

 

Take a look at: http://uscis.gov/graphics/howdoi/childproc.htm. It should give you some additional guidance.

[bubbafred10]

I filed I-130 petition for my stepson, and I intend to continue with the CR2 visa petition by signing every paperwork. My son is 13 years old.

Edited September 25, 2005 by bubbafred10 (see edit history)

[HanLi]

good luck.. I am trying to figure out my own situation that has some similarities.....