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on the I-130 form, the question is ... I'm filing this form for my...

Wife\ Husband Parent Brother \sister Child

 

 

Would I check Child if I'm filing this I-130 for my SO's son(not my child)???

 

Might seem like a obvious question and answer, but I don't want to be wrong and lose a bunch of time over it.

 

I posted this in another post, but I think the question got lost with the question about the G-325

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Assuming you were to get married before the child turns 18, the definition of "child" would include your step-child. From http://uscis.gov/lpBin/lpext.dll/inserts/s...t-frame.htm&2.0

 

"...The term "child" means an unmarried person under twenty-one years of age who is-

...

( B ) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred."

 

So, in answer to your question, you would check "Child".

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Assuming you were to get married before the child turns 18, the definition of "child" would include your step-child.  From http://uscis.gov/lpBin/lpext.dll/inserts/s...t-frame.htm&2.0

 

"...The term "child" means an unmarried person under twenty-one years of age who is-

...

( B ) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred."

 

So, in answer to your question, you would check "Child".

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thanks Frank.... I guess the word "my" in reference to child is what made it a very confusing question, even though all the others weren't even close. Thanks for your research.

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